Manorama Kumari, Member - (1.) This Appeal is filed by M/s. Cosmos Aircon Private Limited, through its Member, seeking restoration of its name in the Register of Companies maintained by the Registrar of Companies, Gujarat, ['ROC for short].
(2.) It is stated in the Appeal that the Company, Cosmos Aircon Private Limited was incorporated on 13th January, 2011 as a Private Limited Company having CIN No. U29192GJ2011PTC063656, and has been carrying on business and operations till date.
(3.) The Appellant has stated that the Respondent ROC vide Public Notice dated 21st June, 2017 issued under sub-section (5) of Section 248 of the Companies Act, 2013 has struck off the name of the Company from the Register of Companies, Ahmedabad. According to the Appellant Company it has neither received the notice for default in filing Balance Sheet and/or Annual Returns nor received any notice under Section 248(1) of the Act before the Company's name was struck off. The said fact came to the knowledge of the Appellant, when the Appellant wanted to upload forms for the annual filing documents on the MCA Portal, wherein the status of the Company is shown "Strike Off. The Company has given the reasons for non-filing of Income Tax Returns and other relevant documents, such as lack of knowledge in the Company Law matters; Company not hired services of experts in the field due to inadvertence etc. As per the Appellant Company, it is a going concern and the livelihood of 15 families is dependent on the business of the Company.;