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2026 Supreme(Online)(NCLT) 4008

IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1
Rajeev Bhardwaj, J, Sanjay Puri, Technical Member
Suresh Kumar Donepudi – Appellant
Versus
Registrar of Companies Hyderabad – Respondent
Company Appeal No. 19/252/HDB/2026



Advocates:
For the Appellants/Petitioners: SVS Chowdary
For the Respondents: Ravi Metta

Under Section 252 of the Companies Act 2013, a company may be restored to the register if the Tribunal is satisfied that it is just to do so, particularly when the company possesses assets and the applicant undertakes to rectify statutory defaults.

Headnote:The applicant filed an appeal under Section 252 of the Companies Act, 2013, seeking restoration of the name of the company in the Register of Companies. The company was struck off under Section 248(1) due to non-filing of financial statements and annual returns for over 11 years. The applicant contended that business constraints led to the discontinuation of operations since 2015, but the company still holds land assets that the shareholders wish to utilize for revival or liquidation. The primary issue was whether it is just to restore the company's name to the register given the non-compliance and the existence of assets. The court observed that the Registrar of Companies had no objection to the restoration and noted the applicant's undertaking to complete all pending statutory filings. The court reasoned that restoration is in the interest of the company, its shareholders, and creditors to prevent irreparable loss regarding the land assets. Company Appeal No.19/252/HDB/2026 stands allowed and disposed of as per the above terms.

Table of Content
1. application for company restoration due to business constraints and existence of assets. (Para 1 , 2)
2. verification of statutory defaults and roc report on strike-off grounds. (Para 3 , 4)
3. judicial discretion to restore company name based on equity and undertaking of compliance. (Para 5 , 6 , 7 , 8)
4. order for restoration subject to payment of costs and filing of overdue documents. (Para 9)

ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON 10-07-2026 After Court-II

O R D E R

Orders pronounced, recorded vide separate sheets.
In the result, this Company Appeal No.19/252/HDB/2026 is allowed.

NATIONAL COMPANY LAW TRIBUNAL
HYDERABAD BENCH-1
CA No. 19/252/HDB/2026
Appeal filed under Section 252 of the Companies Act, 2013

In the matter of
M/s. Donepudi Estates Private Limited

BETWEEN

Suresh Kumar Donepudi
S/o Sri. Donepudi Gopala Krishnayya,
Resident of Villa 10, Aparna Hill Park Boulevard,
2-108/10 APHB, Chandanagar,
Tirumalagiri, Hyderabad- 500 050.
. . Applicant

AND
1. The Registrar of Companies,
Ministry of Corporate Affairs,
2nd Floor, Corporate Bhavan, GSI Post,
Tattiannaram, Bandlaguda, Hyderabad -500 068, Telangana.
… Respondent no.1
2. M/S Donepudi Estates Private Limited
(CIN) No. U70101TG2006PTC051305
Registered Office # Plot No.5-5-35/302/3,
Saibaba Colony, Metro Backside,
Kukatpally, Hyderabad, Telangana, India, 500072.
…Respondent No.2

Date of order:10.07.2026

Coram:
Shri Rajeev Bhardwaj, Hon’ble Member (Judicial)
Shri Sanjay Puri, Hon’ble Member (Technical)
For Applicant: Mr.SVS Chowdary, Ld.Counsel
For ROC(T): Mr. Ravi Metta, D.ROC

ORDER

1. The present Application is filed under Section 252 of the Companies Act, 2013 by the Applicant Mr.Suresh Kumar Donepudi (Director), of M/s. Donepudi Estates Private Limited praying for restoration of name of the Company i.e Donepudi Estates Private Limited (herein after referred as Respondent No.2) in the Register maintained by the Registrar of Companies, Hyderabad (herein after referred to as RoC (T)).

2. SUBMISSIONS BY THE APPLICANT:

2.1 Respondent No.2 Company was incorporated on 29.09.2006 as per the provisions of Companies Act, 2013 having registered office at Plot no. 5-5-35/302/3, Sai Baba Colony, Metro Backside, Kukatpally, Hyderabad, Telangana, India. The authorized capital of the Company is Rs. 12,23,00,000 (Rupees Twelve Crores, Twenty-Three Lakhs only) Equity shares of Rs.1/- each and the paid-up capital is Rs. 10,94,16,609 (Rupees Ten Crores, Ninety-Four Lakhs, Sixteen Thousand, Six Hundred and Nine Only) equity shares of Rs.1/- each fully paid-up. Copy of Incorporation Certificate is annexed as Annexure- P-1 to the Application.

2.2 The main objects of the Company are to construct, erect, build, repair, remodel, demolish, develop, improve, grade, curve, pave, macadamize, cement, buy, sell, let on hire and maintain all kinds of buildings, structures, houses, apartments, townships, multistoried complexes, landscapes, hospitals, schools, places of worship, godowns, cold storages, highways, roads, paths, streets, sideways, sea ports, air ports, bridges, flyovers, subways, alleys, pavements and to do other similar constructions, leveling, or paving works and to build, construct and repair railways, waterways, electrical works, tunnels, canals, wharves, ports, piers, docks, water-works, drainage works, light houses, power houses and floor and to do all kinds of excavating,, dredging and digging work.. A copy of Memorandum of Association and Articles of Association of the Company is annexed is Annexure P-2.

2.3 It is averred by the Applicant that while the Company was marked as “ incorporated for the objects mentioned in the Memorandum of Association, due to market environment and business constraints, the Company could not continue with the business after 2015 and the business of the Company stood discontinued, without any operations being carried out. This has affected the compliance requirements under the Act and Regulations, and the statutory ROC filings not don

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