Manorama Kumari, Member - (1.) The Appellant abovenamed, who is Director and Member, by way of this Appeal, seeks for restoration of the Company, namely, M/s. Chugh Infrastructure 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.l 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.
(3.) The Appellant has submitted that the Company is operational; a going concern; its Directors are regularly doing business; and not a dormant Company. The Appellant has further submitted that due to oversight and some unavoidable reasons the financial statements and annual returns for last three years were not filed on time; and no notice under Section 248(1) of the Companies Act, 2013 was ever issued by the ROC to enquire as to whether the Company is carrying on business or not before its name was struck off.;