Jinan K.R, Member - (1.) The instant appeal has been filed by the company above mentioned (Navbharti Builders (India) Pvt. 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 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 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.
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(3.) The stand taken by the appellant in the instant petition is the following: (i) The petitioner company was incorporated on 09th October, 1991 under the Companies Act, 1956 as a Private Limited Company to carry on the business of acquire manage and carry on the business of general and Govt, contractors, engineers and builders to supply construction materials through Govt, and private contract, to lay out, develop construct, sale and supply the same to public or Govt. Department as per Memorandum of Association of the said company. (ii) The Registrar of Companies, Bihar ("ROC") has struck off the name of the company from the register ignoring the fact that the said company is carrying on business activities. The ROC is striking off the name of the said company without application of mind and erred in striking off the name of the company without carrying out proper investigation. (iii) The company has been active since its incorporation. The company has maintained bank accounts and in support, the copies of Bank Statements from June 9th'2017 to September 25th 2017 are annexecj to the petition (Annexure "A7") . (iv) The company in order to prove its existence during the period October 9th 1991 and onwards, the copies of the audited Balance Sheets for the financial year 2013-17 are annexed to the petition (Annexure "A5", respectively) . (v) The company has filed its statement of Profit & Loss upto financial year 2011-2012 and Annual returns up to Financial Year ending 31.03.2014 a copy of which is annexed to the petition (Annexure "A5") . (vi) The company for the financial year 2012-13, 2013-14, 2014-15, 2015-16 also held and convened, from time to time, the Annual General Meetings of the shareholders of the company and minutes of the same are annexed to the petition (Annexure "A6") . (vii) The accounts of the company were prepared and audited every year but due to lack of knowledge, professional guidance and without malafide intention failed to file the required statutory returns. However, it was regular in filing its Income Tax returns for the Assessment Year 2013-14 to 2016-17 and copies of income Tax Returns are annexed to the petition (Annexure A7) . (viii) The company was carrying out its business and is still in operation is evident from the agreement dated 23.05.2017vide agreement No- 01SBD/2017-18 made between the Water Resources Department(Chief engg Zone.Gopalganj. Govt of Bihar and the Appellant Company,Nav Bharti Builders (India) Pvt. Ltd and the similar fact would also be evident from the payment certificate dated 22.09.2017 vide Memo No 2258 issued under seal and signature of the Executive Engineer, RWD, Works Division, Bettiah in favour of the Appellant Company. (ix) Recently, it came to the notice of the company from physical investigation that its name has been struck off under the Companies Act, 2013. The company has been trying to maintain all its requisite documents as per the provisions of the Companies Act, as applicable to it, but owing to the inadvertent and unavoidable conditions, that its directors were unaware /not fully versed with the provisions of the Companies Act 1956/2013 the statutory documents as required under the law could not be filed with the respondent in time only for the year 2012-13 to 2015-16. The status of the company on web portal of MCA shows "strike off' came to the notice of the Appellant at the time when he went to his chartered Accountant to verify filing the due Balance Sheets as well as profit and loss Account/Financial Statement including the due Annual Returns of the Appellant Company intimated him that the name of the company has been stuck off and the Appellant company has been declared Dissolved. (x) The appellant also submitted that copy of the notification of striking off the name of the Appellant Company has not been provided. However, the copy of the same has been obtained from the MCA Portal-21 of the Ministry of Corporate affairs, GOI. (xi) The Appellant also contended that the name of the Appellant Company has been struck off and declared dissolved under section 248(5) of companies Act, 2013 vide Notification No.ROC-cum-OL/BR/248 (5) /STK-7/PUB dated 14.07.2017 without following the mandatory requirement provided under section 248(5) . It is pertinent to mention here that no notice under section 248(1) of Companies Act, 2013 was served upon the appellant company before striking off its name. (xii) Moreover, the Appellant company states and submitted that it is ready to undertake to file the Financial Statements for the Years 2012-13 to 2016-17 and the Annual return for 31.03.15 to 31.03.2017 with the additional fee twelve times more to the Original fees u/s 403 of the Companies Act,2013 if, the name of the company is restored.;