Jinan K.R, Member - (1.) This is an appeal filed by M/s. Vaishali Rice Mill Private Limited Company represented by Mr. Ajay Kumar, a shareholder holding 3,06,000 shares being 14.48% of the paid-up share capital in the company under Section 252 of the Companies Act, 2013 , by inter-alia seeking to direct the Respondent to restore the Company which was struck off, by the Registrar of Companies; and to permit it to carry on the normal business.
(2.) Brief facts, leading to of the present Company Appeal, are as follows: (a) M/s Vaishali Rice Mill Private Limited Company (referred to as the "Company") is a private Limited Company incorporated on 01.04.2010 in the State of Bihar. (b) The Authorized share capital of the Company is Rs. 2,25,00,000/- (Rupees Two Crore and Twenty-Five Lakh only) divided into 22,50,000 number of equity shares of Rs. 10/-(Rupees Ten each) and the Issued, Subscribed & Paid up Capital of the Company is Rs. 2,11,38,000/- (Rupees Two Crore Eleven Lacs Thirty-Eight Thousand only) divided into 21,13,800 number of equity shares of Rs. 10/- (Rupees Ten each) . Copies of the certificate of Incorporation along with master data of the Appellant Company annexed herewith and marked together as "Annexure-I" (c) The main objects of the Company, in brief, as revealed from the appeal memorandum are to carry on the business to manufacture, produce, import, deal, buy and sell rice, rice bran oil, rice husk and paddy to carry on the process of rice production and also carry out the business of trading and dealing mainly in rice, paddy, cereals, pulses, oil seeds, food grains, to buy and sell pulses and food grains and set up a mill for this purpose. (d) There are two key managerial personnel namely Shri Ajay Kumar and Smt. Payal Kumari appointed as the directors of the Company since the incorporation of the company. The appellant company had commenced operations after incorporation and has been doing business ever since, without any break. But due to inadvertent mistake the petitioner company failed to file its statutory returns and other documents for the years 2011 and 2013. (e) The appellant having failed to submit their balance sheet and annual return with the Respondent and when approached along with required statement learned that the status of the company was showing "Strike off" as from Master Data and hence filed this appeal producing all the required documents inclusive of balance sheets and annual returns for the years 2011 and 2013 marked and annexed as "Annexure-VI" (f) The appellant further states that it has been carrying on the business and is in operation and the same would appear from the balance sheet of the company. However, there are copies of the Board Resolution in Annexure- X A 121 in A-133, annual general meeting of the company held on 31.09.2011, 30.09.2013 and 30.09.2017 respectively for the financial years.
(3.) The appellant contends that due to inordinate delay in replying to the notice of the respondent and due to non filing of Financial statements and Annual Returns for the years ending on 31.03.2011 and 31.03.2013, the ROC under sub-section (1) of 248 of the Companies Act, 2013 had removed the name of the appellant, he respondent had removed the name of the appellant company by a suo moto action of the Respondent, after issuing the notification under Section 248(5) in the Official Gazette dated 14.03.2017 under STK-7. The copies of the notice has been marked and annexed as 'Annexure-IV.;