Manorama Kumari, Member - (1.) This Appeal is filed by the Company under Section 252(3) of the Companies Act, 2013 seeking restoration of its name Unnati Devcon Private Limited, in the Register of Companies maintained by the Registrar of Companies, Gwalior, Madhya Pradesh ["ROC for short].
(2.) The facts in brief, which necessitated the Appellant Company 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) /2017/2839 dated 2nd June, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013, has struck off the name of the Company from the Register of Companies. 2.2. It is submitted by the Appellant Company that the reason for taking action of the ROC in striking off the name of the Company is that the Company has not been carrying on any business or in operation for a period of two immediately preceding financial years. The Company has denied the same and submitted that the Company is still carrying on the business activity; the delay in filing the financial statements had occurred accidentally and inadvertently without any mala fide/wilful intention on the part of the Company or any of its Directors. The Company has further submitted that and the Company, its Members would have to suffer irreparable loss if the Company's name is not restored and the Company would be prevented from pursuing its business activities. 2.3. Though notice has been issued, the ROC has not filed any representation.
(3.) The Appellant Company has filed Affidavit dated 29th November, 2017 through its Director stating that the Directors are disqualified and that the Bank accounts of the Company have been frozen. The Company has filed copies of Audit Reports with I.T. Return Acknowledgment and computation for the Financial Years 2015-16 and 2016-17.;