Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants, seeking restoration of the name of the Company, i.e., M/s. Rex Environment Science Private Limited, as its Member in the Register of Companies maintained by the Registrar of Companies, Gujarat, Dadra & Nagar Haveli, Ahmedabad ["ROC" for short].
(2.) The facts in brief, which necessitated the Appellant to file this Appeal, are as follows; 2.1. It is stated that the ROC vide letter No. 248(1) /2017 dated 09/3/2017, issued notice in Form STK-5 on 25.4.2017 under subsection (1) and (2) of Section 248 of the Companies Act had shown intention to remove the name of the Company from the Register of Companies. Thereafter, the ROC vide another Notice in Form No. STK-7 bearing No. ROC/AHMD/248(5) /STK-7/5934 dated 21.6.2017 has struck off the name of the Company from the Register of Companies. 2.2. According to the Appellants, the Company had not received the Notice in Form No. STK-5 dated 9.3.2017. The F Appellants submitted that the Company is doing its ordinary course of business and has recently executed various work orders of reputed companies/entities like Airports Authority of India, etc.; the Company has some other work orders in hand for execution; and has also filed Annual Returns and Balance Sheets and Profit and Loss Accounts up to Financial Year 2011-12 with the ROC; due to inadvertence and lack of knowledge the Company failed to file the above statutory returns and documents for the financial years 2012-13 to 2015-16; and if the Company is not restored, it will adversely affect the lively earning of workers, employees, stakeholders etc.
(3.) Upon issuance of notice, the ROC has filed Representation dated 13th November, 2017 through his Deputy Registrar wherein he has denied the allegations and contentions raised in the Appeal, and represented that as the Company has failed to file its statutory returns since financial year 31.3.2012 notices dated 6.3.2017/9.3.2017 and 25.4.2017 were issued on the Company, and finally its name was struck off vide notice issued under Section 248(5) of the Act on 21.6.2017 and the same was published in the Official Gazette of Government of India.;