Manorama Kumari, Member - (1.) The Appellant above named, who is ex-Director and Member of the Company, Shri Wardhman Movie Ventures Private Limited, by way of this Appeal, seeks for 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) /2017/2771 dated 26th May, 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 i 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 Company is carrying on its business and operations. The Appellant while narrating the reasons for non-filing of annual returns and financial statements, viz., Company was unaware about statutory filings to be made to the ROC; and there was lack of professional guidance and support to the management and Board of the Company in filing of such statutory returns, has submitted that the non-filing of statutory documents was not deliberate but an inadvertent mistake on the part of the management of the Company.
(3.) Though Notice was issued by this Tribunal and served upon the Respondent/ROC, the ROC has not filed any representation.;