Manorama Kumari, Member - (1.) The Appellants above named, who are Members and ex-Directors of the Company, M/s. Bajrang Nutrients Private Limited, by way of this Appeal, seek for restoration of name of the Company, r 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 Appellants to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Public Notice No.l dated 10.3.2017 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2915 dated 9th June, 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 of the Act.
(3.) The Appellants have submitted that the Company is carrying on its business and operations; the Company has paid all the statutory dues as per the laws; the Company has been active since incorporation; and maintains all requisite documentation as provided under the Companies Act, 2013. The Appellants further submit that failure to file the annual returns and financial statements was unintentional and was not deliberate. 3.1. The Appellants have filed copies of Audited Financial Statements for the years from 2013-14 to 2015-16; copy of Income Tax Return for the year 2016-17; and list of present shareholders.;