- (1.) This Appeal is filed by the Company under Section 252(3) of the Companies Act, 2013 through its Director vide Resolution dated 28.8.2017, seeking restoration of its name Rajputana Biotech Private Limited in the Register of Companies maintained by the Registrar of Companies, Gujarat, Ahmedabad ["ROC" for short].
(2.) The facts in brief, which necessitated the Appellant Company to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Public Notice No. ROC/STK/5A dated 25.4.2017 issued in Form No. STK-5 followed by final notice dated 21st June, 2017 issued under sub-section (5) of Section 248 of the Companies Act has struck off the name of the Company from the Register of Companies. 2.2. The Appellant Company has submitted that the Company has been active since many years. However, due to management dispute, CP No.63/397-398/CLB/MB/2013 (old) , T.P. No. 44/397-398/NCLT/AHM/2016 (New) which is filed in the NCLT is pending for decision; and as the Petitioner of the said Company Petition is in illegal possession of the office and documents of the Company the resultant Company is not able to prepare and file the returns and financial statements of the Company with the office of the ROC.
(3.) Upon issuance notice, the ROC has filed Representation on 7th November, 2017 through his Deputy Registrar wherein he has denied the allegations and contentions raised in the Appeal, and represented that as the Company has failed to file its statutory returns since financial year 2011, notices dated 6.3.2017/9.3.2017, 25.4.2017 and final notice dated 21.6.2017 were issued on the Company and the same was published in the Official Gazette of Government of India.;