Manorama Kumari, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellants seeking restoration of the name of the Company, i.e., M/s. Poddar Devcon Private Limited as its ex-Directors and Members in the Register of Companies maintained by the Registrar of Companies, Madhya Pradesh, Gwalior. ["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 Notice issued in Form No. STK-5 dated 10th March, 2017 followed by another Notice bearing No. ROC-G/248(5) /2017/2949 dated 14.6.2017 has struck off the name of the Company from the Register of Companies. 2.2. According to the Appellants, the Company could not file its annual returns and financial statements since the year 2014 as the Board of Directors were not aware about the statutory filings to be made to ROC; the Company is situated in rural area and therefore due to lack of professional guidance and support to the management the Board could not act upon; non-filing of such documents was an inadvertent mistake on the part of management but it was not deliberate; the Company has established its business and operation after a lot of struggle and wishes to continue its business in the interest of the employees, members etc.; and if the name of the Company is not restored the Appellants and shareholders will suffer irreparable loss and hardship.
(3.) Upon issuance of notice, the ROC has filed Report dated 29.11.2017 on 4th December, 2017 and represented that the name of the Company was struck off on suo motu basis on 14.6.2017 due to non-filing of Balance Sheet for the financial years 2014-15 and 2015-16.;