Manorama Kumari, Member - (1.) The Appellants above named, who are Members and ex-Directors, by way of this Appeal, seek for restoration of the Company, namely, M/s. Koteshwar Realcon 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-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.
(3.) The Appellants have submitted that the Company could not file its annual returns and financial statements for the financial years beginning from 2012-2013 to 2015-2016 with the ROC as the Board of Directors were not aware about statutory filings to be made to ROC; there was lack of professional guidance and support to the management; due to inadvertent mistake the filings were not made but it was not deliberate, etc.;