JUDGEMENT
Bikki Raveendra Babu, Member -
(1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants being Members and Directors seeking restoration of the name of the Company, namely M/s. Atelier Agro Apiculture 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 file this Appeal, are as follows; 2.1. The Appellants have submitted that the ROC vide Public Notice No.l dated 10th March, 2017 issued in Form No. STK-5 proposed to strike off the name of the Company 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; and further vide Notice No. ROC-G/248(5) /2017/2915 dated 9th June, 2017 issued in Form No. STK- 7 has struck off the name of the Company from the Register of Members. 2.2. According to the Appellants, the Company regularly held the Annual General Meeting however due to inadvertence and due to lack of professional support the statutory returns and financial statements could not be filed in time; the Company is striving hard to expand its business and to increase its turnover and profits; and prayed for restoration of the Company.
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;
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