Manorama Kumari, Member - (1.) This Appeal is filed under Section 252 of the Companies Act, 2013 by the aforesaid Appellants, (Shareholders) seeking restoration of the name of the Company, i.e., M/s. Shivkrupa Enviro Systems Private Limited, 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 Public Notice No. ROC/STK/1 dated 20.3.2017 issued in Form No. STK-5; followed by Public Notice No. ROC/AHMD/248(5) /STK-7/PUB/l dated 21th June, 2017 issued under sub-section (5) of Section 248 of the Companies Act has struck off the name of the Company from the Register of Companies. 2.2. The Appellant Shareholders have submitted that the ROC has struck off the name of the Company due to defaults in statutory compliances, namely failure to file Financial Statements and Annual Returns for the period from 31.3.2006 to 31.3.2016. The Appellants have submitted that the ROC has not followed the procedure prescribed under Section 248(1) of the Companies Act, 2013 before striking off the name of the Company. The Appellants further stated that the Company has been active since incorporation; the Company has filed Annual Accounts and Annual Returns up to the year 2005 with the Office of ROC; and due to change in management of the Company in 2005-2006 the new promoters/directors who took over the management were not aware about the compliance of various provisions of the Companies Act; and if the Company's name is not restored on the Register of ROC, the Appellants and other shareholders will suffer irreparable loss and hardship.
(3.) "Xxx xxx xxx";