Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant (member) seeking restoration of the name of the Company, i.e., M/s. Static Transformers Private Limited as its A ex-Managing Director 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 his Notice No. ROC-G/248(5) /2017/2839 dated 2nd June, 2017 issued under subsection (5) of Section 248 of the Companies Act and Rule 9 of the Companies (Removal of Names of Companies from the Register of Companies) has struck off the name of the Company from the Register of Companies and got it published in the Official Gazette of the Government on 12th August, 2017. 2.2. According to the Appellant, the Company has not received any statutory notice as contemplated under Section 248(1) of the Companies Act. According to the Appellant, the Company could not file the statutory returns and financial statements due to the reasons such as the Company has been facing business crisis for past two years; the Company was unaware of the legal compliances to be performed; failure to file the annual returns and financial statements was unintentional and it was not deliberate etc,. The Company has submitted that it has established its business and operation in the market after a lot of struggle, and if the name of the Company is not restored the Company's business and operational effectiveness will suffer and it will incur additional costs.
(3.) Upon notice, the ROC has filed Report dated 11th December, 2017 and represented that the name of the Company was struck off on suo motu basis on 02.6.2017 due to non-filing of Annual Returns and Balance Sheet for the financial years 2005-06 and 2016-17, and that both the Directors have been disqualified under Section 164(2) (a) of the Companies Act, 2013.;