Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Anuj Shivsharma Shukla, seeking restoration of the name of the Company, i.e., M/s. Frontline Electronics And Machinary Private Limited as its Director/Member 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 letter No. 248( 1) / 2017 dated 06/3/2017, issued notice in Form STK-5 on 25.4.2017 under subsection (1) and (2) of Section 248 of the Companies Act had shown intention to remove the name of the Company from the Register of Companies and the same was received by the Company. Thereafter, the ROC vide another Notice in Form No. STK-7 bearing No. ROC/AHMD/248(5) /STK-7/PUB/l dated 21.6.2017 has struck off the name of the Company from the Register of Companies. 2.2. According to the Appellant, the Company has been continuously carrying on the business on small scale basis since incorporation; due to advertence on the part of the management the Company did not file the Balance Sheet and Profit and Loss Accounts and Annual Returns and there was no mala fide intention on its part; the Company received only one notice dated 6.3.2017 regarding removal of the name from the register of the ROC due to non-filing of the statutory returns and other documents; etc.
(3.) Upon issuance of notice, the ROC has filed Representation dated 21st November, 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 financial year 31.3.2003 notices dated 6.3.2017 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 the same was published in the Official Gazette of Government of India. A;