Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant being the shareholder as well as director namely Smt. Saroj Kapoor, seeking restoration of the name of the Company, namely M/s. Deepam Infraestates 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. The Appellant has submitted that the Appellant through official gazette came to know that the name of the Company has been struck off on 9th June, 2017 from the Register of Companies. The Appellant further submitted that no notice under Section 248(1 ) (c) was served on the Company and no opportunity of being heard was given before the aforesaid action was taken by the Respondent ROC. The Appellant further submitted that the Company has been carrying on the day-to-day operations efficiently and diligently; the management of the Company was unaware of the legal compliances to be performed in respect of filing of statutory returns before 2013; and the consultant of the company who was entrusted with the work of filing the statutory returns inadvertently failed to comply with his professional duties. The Appellant also submitted that the Company is unable to carry on the business due to struck off and willing to carry on the business if the Company is restored.
(3.) Though notice of hearing was served on the Registrar of Companies, Gwalior, the ROC has not filed his objections.;