Manorama Kumari, Member - (1.) This Appeal is filed by the Appellant, who is Member and Director of the Company, namely M/s. Rajlaxmi Developers 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. Rajlaxmi Developers Private Limited was incorporated on 20th April, 2005 as a Private Limited Company by Shares having CIN No. U45203MP2005PTC017530, and its Registered Office is situated at 764, Vaishali Nagar, Indore. Madhya Pradesh-452001. According to the Appellant, the Company could not file the Financial Statements and Annual Returns on time for last three years due to oversight and some unavoidable reasons. It is further the case of the Appellants that the Company is closely held private limited company having two directors and five shareholders, holding entire share capital as Directors and Shareholders. According to the Appellant, the Company has unsecured loans of Rs. 43,97,170/-; trade payables of Rs. 30,24,380/-; and other current liabilities of Rs. 1,62,00,450/- as on 31st March, 2016.
(3.) The Appellant has stated that the Respondent ROC vide letter No. ROC-G/U/S248(l) dated 10th March, 2017 issued show cause notice under sub-section (1) and (2) of Section 248 of the Companies Act, 2013 to the Company to show cause why its name be not removed from the Register of Companies and directed to send representation within 30 days of the receipt of the notice. 3.1. The Company vide reply letter dated 4th April, 2017 informed the Respondent ROC that the Company is a going concern; not a dormant Company; due to human error the financial statements and annual returns could not be filed for last three preceding financial years. Thereafter, when the Company approached the Portal of the Ministry of Corporate Affairs for filing the pending documents the status of the Company was shown as "Strike off. Thereafter, the Company vide letter dated 3rd July, 2017 addressed to the Respondent ROC, submitted the audited balance sheets for the previous years and requested the ROC to remove the strike-off status. According to the Company the Respondent ROC without ascertaining whether the Company is carrying on its business or not before striking off the Company, issued Public Notice in Form No. STK-5 for striking off and published the same in the Official Gazette on April 8, 2017. Thereafter, the Company was struck off from the Register of Companies, vide Public Notice in Form No. STK-7 on 14th June, 2017 with effect from 26th May, 2017.;