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IN THE NATIONAL COMPANY LAW TRIBUNAL
ALLAHABAD BENCH
C. APPEAL NO.33/ALD/2021
In the matter of
An application under Section 252(3) of the Companies Act, 2013.
And
In the matter of:
INVEST PROPMART PRIVATE LIMITED, a
Company incorporated under the Companies Act, 2013
K. No: -364, Village Anaura, Kala Papnamau, Near
Vidhya Span Pipe Chinhat, Lucknow,
Uttar Pradesh-227105
.... Struck Off
And
KUMAR VISHAL SINGH
D-1101, Spring Greens, Faizabad Road,
Near Indira Canal, Anaura, Chinhat,
Lucknow, UttarPradesh-226028.
SHIVENDRA SINGH
C-1201, Spring Greens, Faizabad Road,
Anaura Kala, Chinhat,
Lucknow, UttarPradesh-226028.
… Applicants
Versus
THE REGISTRAR OF COMPANIES
Kanpur, U.P.,
37/17, West Cott Building, The Mall,
Kanpur 208001
…… Respondent
Order Reserved on: 01.12.2021
Order Pronounced on:07.12.2021
Coram :
Sh. Rajasekhar V.K, Member (Judicial)
Sh. Virendra Kumar Gupta, Member (Technical)
Appearances (via Video Conference) :
For Appellant
: Sh. Nitesh Kumar Singh, Adv.
For ROC
: Sh. Pradeep Singh Sisodia, Adv..
IN THE NATIONAL COMPANY LAW TRIBUNAL
ALLAHABAD BENCH
C. APPEAL NO.33/ALD/2021
___________________________________________________________________________
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ORDER
Per:
Rajasekhar V.K., Member (Judicial)
1. This Company Petition has been filed by Appellant Mr. Kumar Vishal Singh
and Mr. Shivendra Singh u/s. 252(3) of the Companies Act, 2013 for restoration
of name of the struck off company in the register of companies, maintained in
the office of the Registrar of Companies, Kanpur Uttar Pradesh. It is stated that
the company ‘Invest Propmart Private Limited.’ was incorporated on
08.04.2013 and the name of the Company was struck off on 25.10.2019 by the
ROC.
2. It is contended that the Company had not filed the Financial Statement and
Annual Returns for the financial years from 2016-17, 2017-18 and 2018-19, due
to lack of proper professional guidance, acute financial crises and inadvertent
reasons and has produced copies of the said financial statements. It is further
contended that the Company has revenue from operation amounting to
₹60,37,658/- and assets of ₹15,17,384/- in the form of trade receivables and
cash and cash equivalents which is reflected from the audited balance sheet for
the year ending 31st March 2019 and it will be unfair to the Creditors and the
Company if the company is struck-off and the Creditors do not receive their
dues. Upon the said contentions, the Ld. Counsel for the Petitioner prayed for
passing of an order for restoration of the name of the appellant company.
3. Notice was issued to the Registrar of Companies, Kanpur, Uttar Pradesh. The
Registrar of Companies, Kanpur, Uttar Pradesh has submitted a report. It was
stated in the report that only after compliance of the requirements to be met
under section 248 of the Companies Act, 2013, Registrar of Companies,
Kanpur, Uttar Pradesh has struck off the name of the company from the register.
4. RoC, Uttar Pradesh, Kanpur has not objected to this application for restoration
of the name of the company.
IN THE NATIONAL COMPANY LAW TRIBUNAL
ALLAHABAD BENCH
C. APPEAL NO.33/ALD/2021
___________________________________________________________________________
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5. On perusal of the application we are also satisfied that the name of the company
should be restored to the register. The appellant has submitted sufficient
evidence that it has been in operation during the period preceding strike off,
therefore, it could not be termed as a defunct company as per Section 252 of the
Act. Thus, taking into consideration the provisions of Section 252(1) of the
Companies Act, 2013, which vests this Tribunal with a discretion where the
Company, whose name has been struck off, and such Company is able to
demonstrate that it is just and equitable to do so, can restore the name of the
Company, in the Register and in
