Manorama Kumari, Member - (1.) The instant appeal is filed through its Director of the Company, M/s. Engage Media Private Limited, seeking restoration of the name of the Company, which was struck off from the Register of Companies by the Registrar of Companies, Gwalior, Madhya Pradesh ["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) /2017/2949 dated 14th June, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013, has struck off the name of the Company from the Register of Companies inter alia on the ground that the Company has not been carrying on any business or operation for a period of two immediately preceding r financial years and have not made any application within such period for obtaining the status of dormant company under Section 455 2.2. The Appellant has submitted that the accounts of the Company were prepared and audited on time and due to some business crisis the management got engaged in solving those issues; the Company was unaware of the legal compliances to be performed in respect of filing of form before 2012; and the Company could not file its annual returns and financial statements for the years from 2013-14, 2014-15 and 2015-16 with the ROC.
(3.) Upon issuance of Notice, the Registrar of Companies, Gwalior, who, in his Reply dated 11.12.2017 filed before this Tribunal on 15th December, 2017, has represented that the Company's name was struck off on suo-motu basis on 14.6.2017, inter alia, due to non-filing of Annual Returns and Balance Sheet for the financial years 2013-14 to 2016-17.;