Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants, who are Shareholders of M/s. Choksi Holding Company Private Limited seeking restoration of the name j of the Company, i.e., M/s. Choksi Holding Company Private Limited 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 Appellants to file this Appeal, are as follows; 2.1. The Appellants submitted that the ROC issued a Public Notice No. 01 dated 10.3.2017 in Form STK-5 under Section 248(1) of the Companies Act, 2013 for striking off the name of the Company on the grounds that the Company has not commenced business within one year of its incorporation etc. Further, the ROC, vide his Notice No. ROC-G/248(5) /2017/2771 dated 26th May, 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 Appellants, the omission and/or default in filing the particulars of annual filling forms was unintentional and it was due to inadvertence and there is no wilful default from the Company; the Company has already commenced its business activity in the year 2010 in which it was incorporated and invested in other group companies; the Company is still running and operative and carrying out its business activities; and if the name of the Company is not restored it will result in technical dissolution of running Company and all other activities will jeopardize and it will lose its legal status; the shareholders of the Company would lose protection; debtors and creditors would suffer irreparable losses etc.
(3.) Upon notice of hearing served on the ROC, the ROC filed Report dated 10th November, 2017 before the Registry of this Tribunal on 16th November, 2017. The ROC submitted that the Company's name was struck off from the Register of Companies on suo motu basis on 26.5.2017 due to non-filing of Balance Sheet for the financial years 2014-15 to 2015-16 and that the Directors have been disqualified under Section 164 (2) (a) of the Companies Act. The ROC further submitted that the Company has not furnished information relating to income from commission and its investment in its subsidiaries in the last filed Annual Return, Balance Sheet and Profit and Loss Account as at 31.3.2014 and the Company has also not disclosed the proof of filing of Income Tax Returns.;