Bikkiraveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants being Members seeking restoration of the name of the Company, namely M/s. Kavi Infrastructure Private Limited 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 Company to file this Appeal, are as follows; r 2.1. The Appellants have submitted that the Registrar of Companies vide Notice issued in Form STK-7 No. ROC-G/248(5) /2017/2915 dated 9th June, 2017 has struck the name of the Company, M/s. . Kavi Infrastructure Private Limited from the Register of Companies. In the earlier notice issued in Form No. STK-5 dated 10th March, 2017 the ROC has stated that the Company has not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period for obtaining the status of dormant company under Section 455. The Appellants have submitted that the Directors have invested huge amount for completion of project which is at the stage of completion. The Appellants further submitted that due to inadvertence and negligence the Company was unable to file the financial statements and annual returns and never intended to close down the Company.
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;