ALLAHABAD BENCH, PRAYAGRAJ CP No. 80/ALD/2023 (An application filed under Section 252(3) read with Section 252(1) of the Companies Act, 2013)

SGPM INDIA RELOCATION PRIVATE LIMITED CIN: U63030UP2021PTC139974 Reg off: Shop No D-120 Z A Complex, Adil Nagar Lucknow UP 226022 India Through its Director and Authorized Representative Mr. Uday Shyam Kushwaha S/o Shauku Lal Kushwaha, PAN No. BΙΑΡΚ 7798G, Resident of 396/163-A, Azad Nagar, South Malaka, Near Shiv Mandir, Allahabad, Uttar Pradesh 211003.

…. Appellant/Petitioner Versus Registrar of the Companies, Uttar Pradesh Office 37/17, West Cott, Building, the Mall, Kanpur Nagar 208012, email id : roc.kanpur@mca.gov.in ........Respondent Order pronounced on: 06.05.2026 CORAM:

Sh. Praveen Gupta : Member (Judicial)

Sh. Ashish Verma : Member (Technical)

Appearances:

Sh. Syed Fahim Ahmed, Advs. : For the Petitioner Sh. Shivendra Bahadur, CGSC : For the RoC Sh. Aman Chaurasia Proxy for : For the IT Dept.

Sh. Ankur Agarwal, Sr. S.C.

ORDER

1. This Application has been filed on 09.06.2023 by M/s SGPM India Relocation Private Limited through its Director Mr. Uday Shyam Kushwaha (DIN: 09018461) (hereinafter referred as “Applicant”) under Section 252(3) of the Companies Act, 2013 (hereinafter referred as “the Act”) praying for the restoration of the company’s name i.e. M/s SGPM India Relocation Private Limited in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh (hereinafter referred as “ROC/ Respondent”).

2. M/s SGPM Indian Relocation Private Limited (hereinafter called as “Company”) was incorporated on 04.01.2021 under the Companies Act, 2013 bearing CIN: U63030UP2021PTC139974. The registered office of the Company is at Shop No D-120 Z A Complex, Adil Nagar, Lucknow, Uttar Pradesh – 226022, and hence this Tribunal has jurisdiction to decide the matter.

3. The Company is engaged in the business of general logistics service provider, general carriers and freight forwarders and provides passenger carrier service, carrier freight transport and delivery services by land, road, railway, sea, river canal, water or air for or in connection with any containers, packages, parcels, mails, goods or bulk commodities and for that purpose is authorized to purchase, hire or take on charter any ships, vans, trailers and other vessels or vehicles of any description.

4. The Authorised Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakh only) divided into 10,000 (Ten Thousand) Equity Shares of Rs. 10/- (Rupees Ten only) each and the Issued, Subscribed and Paid up Share Capital of the Company is Rs. 1,00,000/- (Rupees One Lakh Only). The Applicant company is presently managed by two directors namely, Mr. Uday Shyam Kushwaha (DIN: 09018461) and Mr. Durgesh Mishra (DIN: 09018462), appointed since its incorporation. The Master Data of the Company is annexed on page 47-I with the present Appeal.

5. The Applicant submits that the name of the company has been struck off by the ROC/ Respondent vide order/notification dated 08.07.2022 because of default in not complying with the statutory norms such as failure to make payment of the subscription amount and to file the mandatory declaration in this regard under Section 10A of the Act within the stipulated timeline.

6. The Applicant states that such statutory compliance could not be made on account of default of a third person who was entrusted by the Appellant for ensuring the statutory compliances. The Appellant further states that no show cause notice or opportunity of hearing was given to the Appellant before striking off the name of the Company from the Register of Company.

7. It is further stated that the Company is doing business regularly and is maintaining Bank Accounts with Kotak Mahindra Bank Account No. 0645285237, Plot No. 4/D1, Lekhraj Khazana, Sector-4, Indira Nagar, Lucknow- 226016 as on the date of this appeal. Account statement for the period from 01.01.2023 to 08.05.2023 has been annexed as Annexure No. 4 with the application.

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