The NCLT may restore a company's name struck off under Section 248 if the company proves it was operational or if restoration is just and equitable, provided the company undertakes to file all pending statutory returns and pays prescribed costs.

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NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH (COURT-I), CHANDIGARH [Application under sub-section (3) of section 252 of the Companies Act, 2013]

In the matter of:

Moudgil Fibres Limited Through Mr. Lalit Bansal Address: 58KM Stone, Delhi-Rohtak Road, Village Gandhra, Rohtak, Haryana 124001 Email Id- bansallalit76@gmail.com PAN No: AAACM0599D …Applicant/ Petitioner Versus Registrar of Companies, Haryana

4th Floor, IFCI Tower, 61, Nehru Place, New Delhi-110019, …Respondent No.1 Email Id: roc.delhi@mca.gov.in Regional Director of Companies A-14, Sector-I, PDIL Bhawan, Noida, Uttar Pradesh, 201301 …Respondent No. 2 Email: rd.north@mca.gov.in Income Tax Department, Principal Chief Commissioner of Income Tax. NWR, Aaykar Bhavan, Sector 17, Chandigarh,160017 …Respondent No. 3 Email Id: Chandigarh.dcit.hq.vig@incometax.gov.in Sh. Devinder Bansal House No. 14, Golden City, Khanna, District Ludhiana, Punjab …Respondent No. 4 Sh. Rajeev Bansal House No. 14, Golden City, Khanna, …Respondent No. 5 District Ludhiana, Punjab Order delivered on: 18.09.2026 CORAM: HON’BLE MR. KHETRABASI BISWAL, (MEMBER JUDICIAL)

HON’BLE MR. SHISHIR AGARWAL, (MEMBER TECHNICAL)

Appearance:

For the Petitioner Company : Mr. Aditya Grover, Advocate Ms. Divya Arora, Advocate For the RoC, Haryana : Mr. Vijaya Simha Reddy, Deputy ROC For the Income Tax Dept. : Mr. Varun Issar, Sr. Standing Counsel ORDER The present Application has been filed by Moudgil Fibres Limited (hereinafter referred to as the Petitioner Company), through its Member (Shareholder)- Cum Director , under sub-section (3) of section 252 of the Companies Act, 2013 (hereinafter referred to as ‘Act’) read with Rule 87A of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as the ‘Rules’) praying for restoration of the name of the Company on the Register of Companies maintained by the Registrar of Companies, NCT of Delhi & Haryana (hereinafter referred to as ‘RoC/ Respondent No.1’).

FACTS:

2. The Petitioner Company, erstwhile, having CIN: U17110HR1995PLC032871, was incorporated under the Companies Act, 1956 on 08.08.1991, and its Registered office situated at 58KM Stone, Delhi-Rohtak Road, Village Gandhra, Rohtak Haryana 124001. The Petitioner Company carries on the business of manufacturing, processing, importing, exporting, and dealing in cotton, man-made and natural fibres, yarn, threads, fabrics, and other textile products. Its objects also include dyeing, printing, bleaching, and processing textiles, as well as manufacturing and trading in synthetic materials, chemical foam, polymers, adhesives, latex, and allied industrial products.

3. The Petitioner Company inadvertently missed to file Annual Returns and Financial Statements for the financial years 2012-13, 2013-14, 2014-15 and 2015-16, and therefore, the Respondent issued a notice under Form STK-1 on 01.03.2017, subsequently struck off the name of the Company under Section

248 of the Act.

4. The Petitioner Company submitted that in the event of revival of the Company and restoration of the name of the Company in the Register maintained by the Respondent No.1, the Petitioner Company shall file all outstanding statutory documents i.e., Financial Statements and Annual Return from the period 2012-13 to 2015-16 along with the requisite standard and additional filing fees.

REPORT OF THE REGISTRAR OF COMPANIES:

5. The Respondent No.1, vide notice dated 05.10.2021 stated that the Company was incorporated on 08.08.1991 and the last Annual Return and Balance Sheet submitted by the Petitioner Company to the RoC, before it was considered to be struck off, pertain to the financial year that ended on 31.03.2012. Moreover, no subsequent documents had been filed by the Petitioner Company with the RoC to obtain the status of a "Dormant Company" under Section 455 of the Act therefore, the name of the Company was struck off from the Register of Companies on 27.04.2017. It was stated before this Tribunal that since