Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant being member namely, Mr. Kunal Agarwal, seeking restoration of the name of the Company, namely M/s. Secular Publishers Printers 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 Respondent ROC through Notice dated 10th March, 2017 in Form No. STK-1 and Form No. STK-5 had called upon the Appellant for removal of the name of the Company from his records. Thereafter, the Appellant through official gazette dated 28th July, 2017 came to know that the name of the Company has been struck off on 14th June, 2017 from the Register of Companies. The Appellant further submitted that the Company has been carrying on the business; the management of the Company was unaware of the legal compliances to be performed in respect of filing of statutory returns before 2013; due to unavoidable reasons the Company was not able to file Annual Return and fulfil its statutory compliances under the Companies Act, 2013. 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.;