Jinan K R, Member - (1.) The instant appeal has been filed by two appellants, namely, Shri Dinesh Singh and Smt. Munni Singh, joint shareholders of Devi Vaisno Mata Electricals Private Limited under sub-section (3) of section 252 of the Companies Act, 2013 (the Act) , seeking restoration of the name of the company in the Register of Companies, Bihar, by setting aside the notification dated 14.07.2017 issued by the ROC Bihar the respondent by which the name of the appellant company has been stuck off and is dissolved. The appellant being aggrieved by the order bearing Reference No.ROC-Cum-OL/BR/248(5) /STK-7/PUB dated 14.07.2017 published in the Gazette of India striking the name of the petitioner company off the register of companies, as per sub section (5) of section 248 of the Companies Act, 2013, filed this appeal for the above said relief. Brief facts, leading to the company appeal, are as follows:
(2.) M/S. Devi Vaisno Mata Electricals Private Limited, (hereinafter referred to as the "Company") is a private limited company incorporated on 05.03.2010 bearing CIN No. U45303BR2010PTC015384. The petitioners, namely, Shri Dinesh Singh and Smt. Munni Singh are joint shareholders of DEVI VAISNO MATA ELECTRICALS PRIVATE LIMITED who jointly holds 16,000 equity shares in the Company of the face value of Rs.10/- each fully paid up in cash. The Appellants became directors of the Company since its incorporation.
(3.) The main objects of the company are construction, erection, acquire, run, maintain, run and establish factories, offices, sheds, Industrial plants Industrial Plants, Workshops, Machinery Equipment, apparatus and to acquire by purchase, barter, lease, license, grant, concession or otherwise either absolutely or conditionally and either alone of any works, vehicles, conveniences, facilities and other movable properties of any kind and maintain business to acquire patent rights, copyrights, trademarks, formula, technical information, technical knowledge or to enter into arrangements and take all necessary steps with any Government or authority Supreme, municipal, also to purchase, acquire any part of the business, property, rights to be carried on in conjunction therewith or which is capable of being continued so as directly or indirectly to benefit the company. And to fulfill other objectives to carry on business as manufacturers, importers, exporters, sellers, buyers, dealers, agents, indenting agents, brokers and stockist and to carry on business of manufacturers and dealers in tractors, automobiles, earth moving and to manufacture, buy and sell machinery, store engineering products of all kinds and description and to carry on the business of supplies and of dealers in all types of machinery and in all products etc.;