Manorama Kumari, Member - (1.) This Appeal is filed under Section 252 of the Companies Act, 2013 by the Appellant, Mr. Yogeshkumar Vinodbhai Panchal, r seeking restoration of the name of the Company, i.e., Shree Biocare Solutions Private Limited through 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 Notice dated 6.3.2017, followed by Public Notice No. ROC/STK/5A dated 25.4.2017 issued in Form No. STK-5; and Public Notice No. ROC/AHMD/248(5) /STK-7/1776 dated 21st 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. The Appellant has submitted that the object of the Company was to invent, design, modify, structure etc., and otherwise deal in fermenters, bio reactors etc., used in biocare products and industry and provide technological solutions etc., for biocare plants and products. Due to inter- se dispute between father of one of the promoters and other promoters he was not allowing the promoters to carry out similar business in Private Limited Company and ultimately he allowed the promoters to carry out the business in Private Company and that is the reason for non-filing of the statutory documents with the Office of ROC. 2.3. The Appellant has further submitted that in pursuance to receipt of initial notice from the ROC, the Directors of the Company filed copies of Annual Returns and Balance Sheets and Profit and Loss Accounts, for the year ended 31.3.2012 to 31.3.2016 with the A Office of the ROC on 29th May, 2017. It is further stated that the Appellant is made to carry on the business which was started because of goodwill of father of one of the promoters of the Company which is having good future planning of manufacturing expansion, setting of service station etc., in bio-engineering machineries.
(3.) Upon issuance notice, the ROC has filed Representation on 8th January, 2018 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 its incorporation notices dated 6.3.2017/9.3.2017 and 25.4.2017 were issued on the Company and the same were published in the Official Gazette of Government of India.;