Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants seeking restoration of the name of the Company, i.e., M/s. Alshubh Aarambh Buildcon & Services Private Limited as its Members 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. It is stated that the ROC vide letter No. 248( 1) /2017 dated 10/3/2017, issued notice in Form STK-5 under sub-section (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-G/248(5) /2017/2915 dated 09.6.2017 has struck off the name of the Company from the Register of Companies. 2.2. According to the Appellants, the Company could not file its annual returns and financial statements for the financial years beginning from 2013-2014 to 2015-2016 with the ROC due to serious illness of one of the family members of Appellant No.2 and demise of mother of Appellant No. 1; the Board of Directors of the Company were unaware about the statutory filings; there was lack of professional guidance and support; the non-filing was an inadvertent mistake and was not deliberate etc. The Appellants further submitted that the Company is carrying on its business and operations; wishes to continue with its business; the Company has purchased land at Gwalior, Madhya Pradesh; and if the Appeal is not allowed the Company's business and operational effectiveness will suffer in addition to incurring of additional costs.
(3.) Upon issuance of notice, the ROC has filed Report dated 25.9.2017 on 28th September, 2017 and represented that the name of the Company was struck off on suo motu basis on 12.8.2017 due to non-filing of Annual Returns and Balance Sheet for the financial years 2013-14 to 2015-16, and that both the Directors have been disqualified under Section 164(2) (a) of the Companies Act, 2013. The ROC has further stated that the Company has failed to disclose about purchase of land in the Balance Sheet as at 31.3.2013.;