Manorama Kumari, Member - (1.) This Appeal is filed by the Appellants, who are Members and Equity Shareholders of the Company, namely M/s. Krishak Bio Trading Private Limited seeking restoration of its name in the Register of Companies maintained by the Registrar of Companies, Gwalior, Madhya Pradesh ['ROC for short].
(2.) It is stated in the Appeal that the Company, M/s. Krishak Bio Trading Private Limited was incorporated on 13th March, 2013 as a Private Limited Company by Shares having CIN No. U01400MP2013PTC030274, and its Registered Office is situated at Ward No. 28, Khari Phatak Road, Vidisha, Madhya Pradesh-464001. The Company was engaged in the services of Agricultural and Animal Husbandry and was fully functioning and operative since its registration till the date on which it was struck off. According to the Appellants, the Company could not file the Financial Statements and Annual Returns due to inadvertence and there was no mala fide intention on the part of the Company or any of its officers. It is further the case of the Appellants that the Company is closely held private limited company having two shareholders holding entire share capital as Directors.
(3.) The Appellant has stated that the Respondent ROC vide Notice in the Form STK-7 dated 9th June, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013 has struck off the name of the Company from the Register of Companies, maintained by the ROC, Gwalior, Madhya Pradesh, and the same has also been published in the Official Gazette, Government of India, on 12th August, 2017.;