Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant Company through its Director, Mr. Anirudh Vishnoi, duly authorised vide resolution dated 05.09.2017; seeking restoration of the name of the Company, namely M/s. Shakuntala Enterprises 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 Appellant Company to file this Appeal, are as follows; 2.1. It is submitted that the Respondent ROC has struck off the name of the Company due to non-filing of Annual Accounts and Returns by the Company since the year 2011; the fact of striking off the name came to the knowledge of the Company in or around August, 2017 when the Appellant Company wanted to file certain statutory forms with the ROC; and no notice was ever issued to the Appellant Company or its Directors as required under the provisions of Section 248(1) of the Companies Act, 2013. According to the Appellant Company, the Company has been carrying on the business and has never been either defunct, in-operative or non-functional. The statutory returns and documents could not be filed due to oversight of the practicing Chartered Accountant and the Company has failed to check the same. The Company would be able to continue its work once the name of the Company is restored.
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;