Manorama Kumari, Member - (1.) The Appellant abovenamed, who is Director and Shareholder, by way of this Appeal, seeks for restoration of the Company, namely, M/s. Mariegold Infratech Private Limited, which was struck off from the Register of Companies by the Registrar of Companies, Gwalior, Madhya Pradesh ["ROC" for short].
(2.) The facts in brief, which necessitated the Appellant to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Letter No. ROC- G/U/S(248(l) dated 10.3.2017 issued in Form No. STK-1 followed by Notice No. ROC-G/248(5) /2017/2771 dated 26th May, 2017 issued under sub-section (5) of Section 248 of the Companies Act, 2013, has struck off the name of the Company from the Register of Companies inter alia 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.
(3.) It is submitted by the Appellant that on receipt of notice from the ROC, the Company vide letter dated 3.4.2017 replied to the said notice; the ROC neither replied to its letter nor given any r personal hearing and struck off the Company straightway on 26th i May, 2017; the Company has been active since incorporation; and due various disputes between family members in two groups various litigations filed against each other and one of which is pending before this Tribunal being Company Petition No. 17 of 2014/TP No.62 of 2016. Non-filing of statutory documents before the ROC is according to the Appellant attributable to disputes among family members which resulted into AGM not being held.;