Manorama Kumari, Member - (1.) The Appellant Company, by way of this Appeal filed under Section 252(3) seeks for restoration of the Company, namely, M/s. J.R. Credit 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 Appellant to file this Appeal, are as follows; 2.1. It is stated that the ROC vide Letter No. ROC-G/U/S248(l) dated 10.3.2017 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2771 dated 26th May, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013, has struck off M the name of the Company from the Register of Companies inter alia on the ground that the Company has not been carrying on any r 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. It is stated in the Appeal that the promoters/Directors took over the company in 2011; however due to change in Accountant and other administrative staff in 2013; and due to inadvertent error necessary returns were not filed with the Office of ROC for last three years. 2.3. The Appellant has filed along with the Appeal, list of Directors and list of Shareholders of the Company; copies of Acknowledgments of Income Tax Return for financial years 2015-16 and 2016-17; and copy of Bank Statement and Certificate of Chartered Accountant.
(3.) Though notice was served on the Respondent/ROC by this Tribunal, the ROC has not filed any representation.;