S.K. Mohapatra, Member - (1.) The directors of Arora Buildwell P. Ltd. (for brevity "company") has filed the present appeal under section 252(3) of the Companies Act, 2013, seeking restoration of the name of the petitioner-company which has been struck off by the Registrar of Companies, NCT of Delhi and Haryana. M/s. Arora Buildwell P. Ltd., was incorporated under the provisions of the Companies Act, 1956, originally in the name of Purshottam Ispat P. Ltd. on March 11, 2002. Subsequently on March 7, 2005 the name of the company was changed to the present name, i.e., Arora Buildwell P. Ltd. The registered office of the company is 586A, 6 Govind Puri, New Delhi-110 019, within the jurisdiction of this Tribunal.
(2.) It is the case of the petitioner that the name of the company was struck off from the Register of Companies under section 248 of the Companies Act, 2013, by a suo motu action of the respondent, after issuing the notification under section 248(5) in the Official Gazette dated July 8, 2017. The aforesaid action was taken on account of failure of the petitioner-company to file its statutory returns and other documents since the financial year ending March 31, 2014 giving rise to the reasonable belief that the company was not operational.
(3.) The petitioner has submitted that inadvertently and without any mala fide motive the company had failed to file the annual returns and financial statements for the financial year ended March 31, 2014, March 31, 2015 and March 31, 2016 with the office of the concerned Registrar of Companies in compliance with the provisions of sub-section (4) of section 92 and sub-section (1) of section 137 of the Companies Act, 2013.;