Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Shekhar Raghunath Kale, being director/ shareholder seeking restoration of the name of the Company, i.e., M/s. Triple Pee Solutions Private Limited as its Director and Shareholder, 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 submitted by the Appellant that the Company had received a Letter No. ROC-G/U/S248(l) dated 10th March, 2017 by way of notice of default from the ROC, stating that the Company has failed to commence its business within one year of its incorporation, or the company was not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under Section 455 and asked the Company to forward the representation of the Company along with relevant documents within thirty days from the receipt thereof. Pursuant to such notice, the Company vide its Reply letter dated March 25, 2017 addressed to the Dy. Registrar of Companies, Gwalior, stated that it has finalised its Financial Statements for the Financial Years 2014-15 and 2015-16, and showed the reasons for non-filing of Financial Statements and other related documents within due time and by requesting the ROC to not to remove the name of the Company sought extension of time for completion of compliances. 2.2. It is further submitted that the ROC by Public Notice No. ROC-G/248(5) /2017/2771 dated 26th May, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013, struck off the name of the Company from the Register of Companies, Gwalior, and such fact of removal came to the knowledge of the Appellant when the Appellant wanted to upload forms for the annual filing of documents on the MCA Portal. According to the Appellant, the Company could not file the statutory returns and other documents due to inadvertence, i.e., lack of knowledge in the Company Law matters as the Company had not hired services of experts in the field. The Appellant has further submitted that the Company has no mala fide intention in non-filing of Annual Accounts which could not be filed within the prescribed time. The Appellant has also stated that it is a going concern and the livelihood of 17 families is dependent on the business of the Company; the Directors have also invested funds by way of unsecured loans; that no public interest is involved in the Company; and the Company, its members, customers, creditors and employees would be at irreparable loss and hardship if the Company is not revived.
(3.) Upon issuance of notice, the ROC has filed his Report dated 12th December, 2017 before the Registry of this Tribunal on 15th December, 2017, stating that the Company's name was struck off on suo motu basis due to non-filing of Annual Returns and Balance Sheet for the financial years 2014-15 to 2016-17; that the Company has not furnished information such as Payroll of its employees, their salaries, turnover of the company from its operations for the year 2015-16 as per its audited financial statement, etc.;