Manorama Kumari, Member - (1.) The Appellants above named are Members and by way of this Appeal, seeking restoration of the Company, namely, M/s. Jagadish IT & HR Solutions 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 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-1 followed by Notice No. ROC-G/248(5) /2017/2949 dated 14th June, 2017 issued under sub- section (5) of Section 248 of the Companies Act, 2013, has struck off fa 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. 2.2. The Appellants have submitted that their Company is a new Company and due to oversight the Directors did not file the annual returns and balance sheets as required under the provisions of the Companies Act, 2013; there was no mala fide intention on the part of the Company or its Directors; the Company can be profitably run by the Directors which shall enhance the net worth of the shareholders; if the Company is restored to the file of ROC, no person will be prejudiced etc. The Appellants have given the data to show that the Company has been carrying on its business since incorporation of the Company. 2.3. Along with the Appeal, the Appellants have filed copies of Audited Balance Sheets for the financial years 2012-13 to 2016-17; copy of Indian Income Tax Return Acknowledgement for the Assessment Year 2016-17 etc.
(3.) Though Notice was issued on the Respondent/ROC and order was served on the ROC, no Reply has been filed by the ROC.;