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PRESENT:
For the Applicant
:
For the Respondent
:
ORDER
The case is fixed for pronouncement of order.
The order is pronounced in open Court vide separate sheet.
-Sd-
-Sd-
KAUSHALENDRA KUMAR SINGH MADAN B. GOSAVI
MEMBER (TECHNICAL)
MEMBER (JUDICIAL)
Braj Mohan
IN THE NATIONAL COMPANY LAW TRIBUNAL
INDORE BENCH
COURT NO. 1
ITEM No.308
CP/12(MP)2022
Proceedings under Section 252(3) of Co. Act, 2013
IN THE MATTER OF:
Rajesh Malviya
V/s
Registrar of Companies, Gwalior
........Applicant
........Respondent
Order delivered on 05/08/2022
Coram:
Madan B. Gosavi, Hon’ble Member(J)
Kaushalendra Kumar Singh Hon’ble Member(T)
NATIONAL COMPANY LAW TRIBUNAL
INDORE BENCH
CP/12/MP/2022
(Under Section 252(3) of the Companies Act, 2013)
In the matter of:
Rajesh Malviya
C-26, Goyal Prime Apartment,
Flat No. 11, Kohe-e-Fiza,
Huzur, Bhopal,
Madhya Pradesh- 462001
…Appellant
Versus
Registrar of Companies,
Madhya Pradesh
Sanjay Complex, A Block 3rd Floor,
Jayendraganj, Gwalior (M.P.)
…Respondent
Order Reserved on: 15.07.2022
Order Pronounced on: 05.08.2022
Coram:
MADAN B GOSAVI,
HON’BLE MEMBER (JUDICIAL)
KAUSHALENDRA KUMAR SINGH,
HON’BLE MEMBER (TECHNICAL)
Present:
For the Applicant: Mr. Vinit Nagar, PCS
For the Respondent: None
NCLT Indore Bench
CP/12/MP/2022
2
ORDER
1.
The present appeal is filed by Mr. Rajesh Malviya, being Shareholder
of M/s Creation Developers & Realtech Pvt. Ltd. (for brevity ‘the Company’)
under Section 252(3) of the Companies Act, 2013 (for brevity ‘the Act’)
against the order of striking off the name of the Company passed by the
Registrar of Companies, Gwalior, (for brevity ‘ROC’) under Section 248(5) of
the
Act
published
on
19.07.2018
vide
notification
No.
ROC-
G/248(5)/2018/4329 by the office of the Registrar of Companies, Gwalior,
Madhya Pradesh. The present appeal is within the limitation period
stipulated by Section 252 of the Act.
2.
The Company is incorporated as a Private Limited Company with the
Registrar of Companies, Gwalior on 03.02.2014 under the provisions of the
Companies Act, 2013, with CIN U70102MP2014PTC032314, having its
registered office at Flat No. 103, 06 Malviya Nagar, The. Hujur, Bhopal,
Madhya Pradesh 462003. The Authorized Share Capital of the Company is
Rs 5,00,000/- divided into 5,000 equity shares of Rs 100/- each. The
issued, subscribed, and paid-up share capital of the Company is Rs
5,00,000/- divided into 5,000 equity shares of Rs 100/- each. The main
objects of the company as per the Memorandum of Association of Company
is to carry on the business of infrastructures, real estate developers
business, housing projects, housing colonies, farmhouse projects, purchase
and sale of land and building.
3.
The facts submitted by the Applicant Company are summarised as
under:
i.
The requisite records and accounts of the company were duly
prepared and audited as per the provisions of the Act. However, the
statutory compliance with the provisions of the Act could not be
made due to negligence on the part of the board of directors, wherein
they have failed to keep an eye on mandatory compliances under the
act and also failed to coordinate with the professionals engaged for
this purpose on regular basis.
NCLT Indore Bench
CP/12/MP/2022
3
ii.
The Respondent ROC had issued a public notice in form No.
STK-5 dated 18.05.2018 indicating an intention to remove the name
of the Company from the Register of Companies maintained by the
ROC. Thereafter, Respondent ROC issued form No. STK-7 on
19.07.2108 Strikng off the name of the Compnay. Copy of form No.
STK-5 and form No. STK-7 is placed on record.
iii.
As per the notice of non-compl
