9911796707
TMI Blog2023 (9) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant being aggrieved and dissatisfied by the order dated 03.01.2022 passed by the National Company Law Tribunal (New Delhi Bench-II) in Appeal No. 116/252/ND/2021 whereby and whereunder Appeal filed by the Appellant against the striking off of the name of the company by the Respondent No. 1, the Register of Companies under Section 248 of the Companies Act, 2013 vide notification dated 29.10.2019 was dismissed by the Tribunal. 2. The facts giving rise to this Appeal are as follows: i) The Appellant Company i.e. Shree Radhey Mines Private Limited was incorporated under the Companies Act, 1956 on 10.09.2007 having CIN: U12000DL2007PTC167938 limited by shares with the Registrar of Companies, NCT of Delhi and Haryana, having its registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permitting mining activities, the appellant company applied for the mining license and the same was granted by the Department of Mines and Geology, Government of Haryana to the appellant company on 13.01.2021. iv) The Company had received orders on 25.07.2021 for the supply of "Rodi & Dust" for an amount of Rs. 2,00,00,000/-. v) The Companies Act, 2013 provides that the Registrar shall follow the mandatory provisions of the Companies Act and Rules before striking off the name of the company which has not been complied by the Registrar of companies. vi) The Registrar of Companies had not followed the procedure as prescribed by Section 248 of the Companies Act, 2013. Firstly, the Registrar of Companies had not sent the three notices to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd payment of liabilities. The Tribunal also failed to appreciate the fact that the company had not been working because of the Government of India's restrictions in the working of the mining activities. 4. It is further submitted that the Respondent No. 1/Registrar of Companies as per the Section 248 and Companies (Removal of names of Companies from the Register of Companies) Rules, 2016, had not issued notices to the company and all its directors before striking of the name of the company. 5. It is further submitted that the Tribunal failed to consider the fact that if the name of the company is not restored, the property and the losses of the company would cause loss to the public who had paid their money for allotment of shares. Furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Register of Companies. The Office issued the notice in the form of STK-1 on 18.07.2019 intimating the company and the directors of the company at their registered officed about the aforesaid defaults, providing them a fair opportunity to respond. Subsequently, this office also issued public notice for the same in the form of STK-5 dated 09.08.2019. Thereafter, the name of the company was struck off as per the provisions of Section 248(1)(c) of the Companies Act, 2013 read with Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 vide Notice in the form of STK-7 dated 29.10.2019. 8. It is further stated that as per records of the answering Respondent, neither the Appellant company was carrying o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Bench-II) as well as Registrar of Companies, NCT of Delhi & Haryana is not sustainable in law. 11. In view of the aforenoted, we set aside the impugned order dated 03.01.2022 passed by the National Company Law Tribunal (New Delhi Bench-II) in Appeal No. 116/252/ND/2021. The name of the Appellant Company be restored to the Register of Companies subject to the following compliances: i) Appellant Company shall pay costs of Rs. 3,00,000/- (Rupees Three Lakh) to the Registrar of Companies, NCT of Delhi & Haryana within six (6) weeks from the passing of this judgment. ii) After restoration of the Company's name in the Register maintained by the Registrar of Companies, the Company shall file all their Annual Returns and Balances Sheets. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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