Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Sanjeev Saxena, (Member) seeking restoration of the name of the Company, i.e., M/s. Golden Fields Inframetals Private Limited as its ex-Director in the Register of Companies maintained by the Registrar of Companies, Madhya Pradesh, Gwalior. ["ROC for short]. It is further stated by the Appellant that the Respondent ROC has disqualified both the Directors of the Company under Section 164 of the Companies Act, 2013 due to non-filing of financial statements and annual returns for and on further ground that the Company has not been carrying on any business or operation for the period of two immediately preceding financial year.
(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 his Notice No. ROC- G/248(5) /2017/2949 dated 14 June, 2017 issued under subsection (5) of Section 248 of the Companies Act and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) has struck off the name of the Company from the Register of Companies. According to the Appellant, the Company has not received any statutory notice as contemplated under Section 248(1) of the Companies Act. According to the Appellant, the Company could not file the statutory returns and financial statements due to the reasons such as the Company has been facing business issues for past two years; the Company was unaware of the legal compliances to be performed; failure to file the annual returns and financial statements was unintentional and it was not deliberate etc,. The Company has submitted that it has established its business and operation in the market after a lot of struggle, and if the name of the Company is not restored the Company's business and operational effectiveness will suffer and it will incur additional costs. A
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;