Bikkiraveendra Babu, Member - (1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Jitesh Kapurchand Palrecha seeking restoration of the name of the Company, i.e., M/s. Mechanical And Heat Treat Works Private Limited as its Director/ Member in the Register of Companies maintained by the Registrar of Companies, Gujarat, Ahmedabad ["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. 248(1) /2017 dated 09/3/2017, issued notice in Form STK-5 on 25.4.2017 under subsection (1) and (2) of Section 248 of the Companies Act had shown intention to remove the name of the Company from the Register of Companies and the same was received by the Company. Thereafter, the ROC vide another Notice in Form No. STK-7 bearing No. ROC/AHMD/248(5) /STK-7/PUB/l dated 21.6.2017 has struck off the name of the Company from the Register of Companies. 2.2. According to the Appellant, neither he nor his Company received any further notice. The Appellant submitted that the Company has been active since incorporation; the Company was operational when it was struck off; the Appellant had instructed his Company Secretary to give reply to the notice dated 25.4.2017 but such instruction was not complied with by the Company Secretary; and if the name of the Company is not restored the Appellant and shareholders of the Company will suffer irreparable loss and hardship.
(3.) Upon issuance of notice, the ROC has filed Representation dated 13th November, 2017 through his Deputy Registrar wherein he has denied the allegations and contentions raised in the Appeal, and represented that as the Company has failed to file its statutory returns since financial year 31.3.2005 notices dated 6.3.2017/9.3.2017 and 25.4.2017 were issued on the Company, and finally its name was struck off vide notice issued under Section 248(5) of the Act on 21.6.2017 and the same was published in the Official Gazette of Government of India.;