Manorama Kumari, Member - (1.) The Appellant above named, who is a Director and Shareholder, by way of this Appeal, seeks for restoration of the Company, namely, Bhawani Builders & Colonisers Private Limited, which was struck off from the Register of Companies by the Registrar of Companies, Gwalior, Madhya Pradesh ["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.1 dated 10.3.2017 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2915 dated 9th June, 2017 issued under sub-section (5) of Section 248 of the Companies Act, 2013, has struck off the name of the Company from the Register of Companies inter alia on the ground 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. 2.2. The Appellant has submitted that the impugned Company had duly commenced its operation since its incorporation and had convened and conducted its Annual General Meeting every year and had adopted the Financial Statements as per the provisions of the Companies Act; the management of the Company was unaware of the legal compliances to be performed in respect of filing of form before 2013; due to unavoidable reasons the Company was not able to file its Annual Returns; the Appellant is willing to carry on the business on its restoration, etc. 2.3. The Appellant has filed copies of Bank Statements; and copy of Income Tax Return Acknowledgment for the Assessment Year 2013-14 along with the Appeal.
(3.) Though notice was served on the Respondent/ROC by this Tribunal, the ROC has not filed any representation.;