Manorama Kumari, Member - (1.) This Appeal is filed by the Appellant, Mr. Ikrammuddin Khumani, seeking restoration of the name of the Company, i.e., Khumani Steels Private Limited as its Member 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 Appellant to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Public Notice No. ROC- G/U/S248(l dated 10th March, 2017 issued under sub-sections (1) and (2) of Section 248 of the Companies Act had proposed to strike off the name of the Company from the Register of Companies and directed the Company to send representation along with copies of relevant documents. However, the Company could not reply to the show cause notice. Thereafter, the ROC, vide another Notice issued in Form No. STK-7 bearing No. ROC-G/248(5) /2017/2915 dated 9th June, 2017, has struck off the name of the Company from the Register of Companies and got the same published in the Gazette of India.
(3.) The Appellant submitted that the financial statements and annual returns of the Company for last three years could not be filed on time due to oversight and some unavoidable reasons. He has further submitted that the Company was carrying on business and operational and is a going concern. It is further stated that the Respondent ROC did not ascertain whether the Company is carrying on business or not before its name was struck off, and the step taken by the ROC is ex-parte, unjustified and unwarranted. The Appellant has also stated that the Company has share application money, fixed assets, inventories, trade receivables, loans and advances, cash and Bank balances, unsecured loans and other liabilities which show that the Company is operational.;