Bikki Raveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant being Member and ex-Director seeking restoration of the name of the Company, namely, Shribalaji Reality and Developers 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 Appellant has 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) /2017/2839 dated 2nd June, 2017 issued in Form No. STK- 7 has struck off the name of the Company from the Register of Members. 2.2. The Appellant has submitted that the accounts of the Company were prepared and audited on time but the management faced some business crisis and it got engaged in solving such issues; the Company being laymen was unaware of the legal compliances to be performed; the Company has not received any statutory notice as contemplated under the law; the Company has established its business and operation after a lot of struggle and wishes to continue its business; and failure to file the annual returns and financial statements was unintentional and was not deliberate.
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;