Manorama Kumari, Member - (1.) By way of this Appeal filed under Section 252(3) of the Companies Act, 2013, the Appellants above named seek for restoration of the name Company, M/s. A2VP Distributors Private Limited in the Register of Companies maintained by the Registrar of Companies, Gujarat, Ahmedabad ["ROC" for short].
(2.) The facts in brief, which necessitated the Appellants Company to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Public Notice No. ROC/STK/5A dated 25.4.2017 issued in Form No. STK-5 followed by final notice No. ROC/AHMD/248(5) /STK/PUB/l dated 21st June, 2017 issued under sub-section (5) of Section 248 of the Companies Act has struck off the name of the Company from the Register of Companies. 2.2. The Appellants have submitted that the Members of the Appellant Company are partners of a partnership firm, namely M/s. Suyog Sales and Marketing. The said partnership firm was engaged as a Distributor of products of a Company named M/s. Konka Group Company Ltd; there were inter se disputes between the said Company and the Members of the Appellant Company; the matter was referred to arbitration; the litigation is pending before the Hon "Me Delhi High Court; due to continuous legal proceedings which are going on and final orders are pending the Company could not proceed J with any business activities; and the Company has filed Audited Financial Statements and Annual Returns with the ROC upto financial year 2011-12. 2.3. The Appellants have filed copies of Audited Financial Statements for the financial years 2012-13 to 2016-17; copies of Acknowledgements of Income Tax Returns for the Assessment Years 2016-17 and 2017-18; copy of Bank Statement and other documents.
(3.) On Notice being issued and served upon the ROC, the ROC filed Representation through his Deputy Registrar on 25th January, 2018. The ROC, while denying the allegation made and contention raised in the Petition, has submitted that the Company had failed to file statutory returns since 31.3.2013 and therefore the Company's name was struck off from the Register of Companies.;