Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Manishbhai Shantilal Desai, member/ shareholder seeking restoration of the name of the Company, i.e., M/s. Coregem Pharmaceuticals Private Limited, as its Director in the Register of Companies maintained by the Registrar of Companies, Gujarat, Ahmedabad ["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/AHMD/248(5) /STK-7/PUB/l dated 21 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. According to the Appellant, the Company has filed its Annual Return for Financial Year 2011-12 with the ROC and Income-Tax Return for financial year 2015-16 but could not file its returns from the F.Y. 2012-13 to F.Y.2015-16. It is submitted by the Appellant that the Company has no mala fide intentions and due to sheer inadvertence the filing of the Annual Accounts and Annual Returns could not be completed within the prescribed time. It is further submitted that the Directors and Members of the Company have invested sizeable amount of money and time for establishing and running the Company which is a going concern and to safeguard the interest of all Creditors and Shareholders of the Company the name of the Company is required to be restored.
(3.) Upon notice, the ROC has filed Representation dated 13th December, 2017 through his Deputy Registrar wherein he has denied the allegations and contentions raised in the Appeal, and represented that as the Company has failed to file its statutory returns since 31.3.2013 notices dated 6.3.2017/9.3.2017 and 25.4.2017 were issued on the Company, and finally its name was struck off vide notice issued under Section 248(5) of the Act on 21.6.2017 and published in the Official Gazette of Government of India.;