Manorama Kumari, Member - (1.) This Appeal is filed by the above Appellant, seeking restoration of the name of the Company, i.e., M/s. Chugh Buildcons Private Limited in the capacity of Member, in the Register of Companies maintained by the Registrar of Companies, Madhya Pradesh, Gwalior. ["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 Public Notice No.l dated 10.3.2017 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2915 dated 9th 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 on the ground that the Company has not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under Section 455. 2.2. According to the Appellant, the Company is operational and is a going concern and not a dormant company and its directors are regularly doing the business; the financial statements and annual returns of the Company for last three years could not be filed on time due to oversight and some unavoidable reasons; the Company has land, loans and advances, cash and Bank balances, unsecured loans and other current liabilities which show that the Company is operational; and no person will be prejudiced if the name of the Company is restored in the Register of Companies. 2.3. Along with the Appeal, the Appellant has filed copies of the audited balance sheets along with auditor's reports as on 31st March, 2014; 31st March, 2015; 31st March, 2016; and copy of the audited balance sheet as on 31st March, 2017; copies of Income Tax Acknowledgements for the Assessment Years 2014-15 to 2017-18; list of directors and shareholders; list of disqualified directors etc.
(3.) Though notice was served on the Respondent/ ROC by this Tribunal, the ROC has not filed any representation.;