Deepa Krishan, Member - (1.) M/S Haryana Energy & Fuels Pvt. Ltd. had originally approached Hon'ble High Court of Delhi on 16.09.2014 by filing the instant petition Y) / under Section 560(6) of the Companies Act, 1956. The petition was transferred to the National Company Law Tribunal in pursuance of notification No. D.L.-33004/99 dated 07.12.2016 issued by Ministry of Corporate Affairs. It is appropriate to mention that Registrar of Companies, NCT of Delhi and Haryana has struck off the name of the petitioner company from its register after passing an order dated 31.05.2007 which was published in the official gazette dated 23.06.2007 (Annexure - 1). The petitioner has claimed that it was never served any show cause notice as provided under Section 560 (1) (2) and (3) of the Companies Act, 1956 before striking off of its name from the register of the Registrar of Companies and therefore, the order has been passed against the basic principles of natural justice. It is claimed that the petitioner company was carrying on its business / operations at the time of passing the order on 31.05.2007 which was later published in the official gazette on 23.06.2007.
(2.) The case of the petitioner is that it was a private limited company registered and incorporated with the office of the Registrar of the Company, Delhi and Haryana vide registration no. 55-43046 of 1990-91 dated 11/02/1991. The petitioner is involved in manufacturing and supplying of briquetting products derived from agriculture and forest wastes. At the time of incorporation, Mr. Ramesh Rana, Phool Singh, both residents of village of Post Bijwasan, Palam Vihar Mord, New Delhi and Mrs. S. Chellannamal, resident of 194, Sector-A, Pocket-C, Vasant Kunj, New Delhi-30 were the founder directors of the company. Later on, Mr. M. Shivam, and M. Vidyasagar both residents of 1112, Sector-A, Pocket-B, Vasant Kunj were introduced as director of the company and Mr. M. Shivam was appointed as Managing Director of the Company. The petitioner had applied for industrial plot with the Haryana Urban Development Authority, Faridabad 9 (HUDA) and the HUDA had allotted an industrial plot no. 7 measuring area 4000 sq. meter at Industrial Estate Hathin, Faridabad. The Estate Officer of HUDA had signed a conveyance deed vide dated 16/08/1993 and rectification deed dated 14/09/1993 in the favour of the petitioner M/s Haryana Energy & Fuels Pvt. Ltd. and finally a plot measuring 4280 square meter against the consideration of Rs. 2,90,098/-40 paisa was sold by the HUDA in the favour and name of the petitioner. The Estate Officer, HUDA, Faridabad had issued Certificate of Non-Encumbrance/ No dues vide letter dated 11/08/1993 to the M/s Haryana Energy & Fules Pvt. Ltd., whereby the allottee has paid the full tentative price of the said plot no. 7 at Hathin Industrial Area. The petitioner company had applied for term loan of Rs. 30.09/-lakhs to the Indian Renewable Energy Development Agency Limited (IREDA), out of project cost of Rs. 56.60/- lakhs for setting up a 2.0 T/Hr. Biomass Briquetting Projects at Plot No. 7, Hathin Industrial Area, District Faridabad, Haryana. The project cost was Rs. 56.60/- lakhs, and from said project cost the petitioner company had invested Rs. 26.50/- lakhs and M/s. IREDA had granted term loan amount Rs. 30.09/- lakhs. M/s IREDA had granted Bridge Loan of Rs. 9.27 lakhs to the petitioner company out of project cost amount of Rs. 12.36/- lakhs vide loan agreement dated 8th October, 1993 and balance project cost amount of Rs. 3.09/- lakhs was invested by the petitioner company. The petitioner company had constructed the building and boundary-wall of the plant at plot no. 7, Industrial Area, Hathin, District Faridabad. In this regard, reliance has been placed on the valuation report and certificate issued by Sodhi & Co. (Architects & Engineers) dated 09/11/1995. M/s IREDA and petitioner Haryana Energy and Fuels Pvt. Ltd. had agreed for term loan repayment and M/s. IREDA had agreed for OTS vide communication dated 10/10/2002 and M/s. IREDA had agreed for repayment of loan of Rs. 29.50/- lakhs out of total repayment outstanding amount of Rs. 82,63,462/-. The petitioner company had paid the term loan dues to M/s. IREDA against the sanction term loan amount of Rs. 30.09/-lakhs dated 17.09.1991 and term loan amount of Rs. 9.27/- lakhs dated 11.09.1993 as per OTS sanction letter dated 10/10/2002. Thereafter the M/s. IREDA had issued No Dues Certificate dated 11/08/2004. The Haryana Urban Development Authority (HUDA) had issued show cause notice u/s 17 (3) of Haryana Urban Development Authority Act, 1997 to the petitioner whereby they demanded Extension Fees of Rs. 15,69,090/-. The General Manager, District Industrial Center, Mewat has issued certificate on 28/03/2006 whereby it was certified that the years of construction of factory building of M/s. Haryana Energy And Fuels Pvt. Ltd., Plot No. 7, Industrial Area, Hathin is 1993-94. After commencement of production the unit was registered on permanent basis as ssi unit vide registration no. 05/12/17400 dated 29/08/1995. In this regard, the certificate was issued by the General Manager, District Industries Center, Mewat dated 28/03/2006. Being aggrieved from demand notice dated 22/03/2005 issued by the HUDA, the petitioner company had preferred the Appeal before the Administrator, HUDA, Faridabad which was rejected vide order dated 8/2/2006. Thereafter, the petitioner company had preferred revision petition to the Financial Commissioner & Principal Secretary of Govt, of Haryana, Town & Country Planning Department, whereby the Appellate Authority had considered the revision of merits and remanded back to the Administrator, HUDA, Faridabad to consider the case of the petitioner as per the guidelines vide order dated 25/09/2009. The Administrator, HUDA, Faridabad had considered the Appeal on merits and passed order dated 14/01/2010 holding that no extension fee was to be charged after the year, 1995. The petitioner company had got their account audited from financial year 1992-93 to 2003-04 and the same was submitted to the ROC, Delhi and Haryana, as per the provision of the Companies Act, 1956.
(3.) While going through the records, it is seen that the petitioner company has filed a copy of the Master Data Card taken from the official website of the Ministry of Corporate Affairs as Annexure P-2. The Master Data shows that the petitioner company has authorized capital of Rs. 25 lakhs but the paid-up capital is nil and the company's status is given as "Strike Off'. A copy of the Memorandum and Articles of Association has been filed as Annexure P-4, which shows that the company has an authorized share capital of Rs. 25 lakhs divided into 25 thousand equity shares of Rs. 100/-each. Annexure P-17 in the paper book filed before the Hon'ble High Court of Delhi is the Ministry of Corporate Affairs receipt issued in the name of Ms. Iqbal Kaur for inspection of public document of the petitioner company dated 21.07.2014.;