Sher Khan Rana vs The Registrar Of Companies New Delhi

The Registrar of Companies, New Delhi. Respondent

For Appellant: Mr. Shivam Gautam, Advocate

Respondent: Mr. Sanjib Kumar Mohanty, Advocate

ORDER

HYBRID MODE

06.11.2025: Mr. Sanjib Kumar Mohanty, learned counsel appeared on behalf of

Respondent on advance notice.

2. This appeal is filed against an impugned order dated 25.07.2025 passed

by the Ld. NCLT, New Delhi in Appeal No. 4/252/ND/2024 whereby Ld. NCLT

had dismissed the appeal filed under Section 252 of the Companies Act, 2013

for restoration of the name of the Company in the register maintained by

Registrar of Companies on the ground the appeal is bad for non-joinder of

necessary parties.

3. If one peruse the impugned order dated 25.07.2025, one would find it was

passed only on the ground of non-joinder as neither the Company nor any of its

directors were impleaded as parties to the appeal. It was the opinion of the Ld. NCLT since the name of the company was sought to be struck from the register

of companies on the basis of resolution passed in EGM, the presence of directors

was essential and they were necessary parties.

4. It is the submission of the learned counsel for the appellant that non-joinder

or mis-joinder may be a procedural irregularity and if the chance was given to

the appellants, they would have impleaded them and the appeal ought not to

have been dismissed on this ground above.

5. In view of this, we remand the matter to the Ld. NCLT, New Delhi by setting

aside the impugned order and afford an opportunity to appellants to file an

application for bringing on record the directors of the company.

6. With these observations, the appeal stands disposed of.

7. Pending applications, if any, are disposed of.

(Justice Yogesh Khanna) Member (Judicial)

(Mr. Indevar Pandey) Member (Technical) Bm/rr