Manorama Kumari, Member - (1.) This Appeal is filed by the above Appellants, seeking restoration of the name of the Company, i.e., Aasav Polypack Private Limited as its Members and ex-Directors 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 Appellants to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Letter No. ROC-G/U/S248(l) issued in Form No. STK-5 dated 10th March, 2017 followed by another Notice bearing No. ROC-G/248(5) /2017/2915 dated 09.6.2017 under sub-section (5) of Section 248 of the Companies Act, 2013, and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, has struck off the name of the Company from the Register of Companies. The Appellants admitted about the receipt of statutory notice from the Respondent ROC dated 10th March, 2017 but the Appellants could not represent their case before the Respondent within the given time. 2.2. According to the Appellants, the Company could not file its annual returns and financial statements for the financial years beginning from 2014-2015 as the Board of Directors were not aware about the statutory filings to be made to ROC; due to lack of professional guidance and support to the management the Board could not act upon; non-filing of such documents was an inadvertent mistake on the part of management but it was not deliberate; the Company has established its business and is in operation in the market after a lot of struggle and wishes to continue its business in the interest of the employees, members etc.; and if the name of the Company is not restored the Appellants and shareholders will suffer irreparable loss and hardship.
(3.) Upon issuance of notice, the ROC has filed his Representation dated 14.12.2017 on 3rd January, 2018 and represented that the name of the Company was struck off on suo motu basis on 09.6.2017 due to non-filing of Annual Return and Balance Sheet for the financial years 2014-15 and 2015-16 and proof of filing of Income Tax Returns.;