Manorama Kumari, Member - (1.) By way of this Appeal filed under Section 252(3) of the Companies Act, 2013, the Appellant above named being Member seeks for restoration of the name Company, M/s. Turquoise Export 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/5A dated 25.4.2017 issued in Form No. STK-5 followed by final notice No. ROC/AHMD/248(5) /STK-7/PUB/l dated 21st 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 has submitted that the Company was incorporated to carry on the diamond and jewellery business; the Company could not get any contract from the financial year ended on 31st March, 2015 and the income of the Company became 'Nil' in succeeding years; the Company had no professional support to maker necessary compliances of filing its statements and annual returns; thereafter the Company has inventory in form of raw material as well as finished goods; and the Company has now increased its Authorised Share Capital from Rs. 1 lakh to Rs. 49 lakhs in June 2017 and it is just and proper to restore the name of the Company. The Company has admitted that it has failed to file financial statements and annual returns for the period from 2010-11 to 2015-16. 2.3. The Appellant has filed along with the Appeal Annual Reports for the financial years 2014-15 and 2015-16, list of Directors and Shareholders etc.
(3.) On Notice being issued and served upon the Respondent/ROC, Representation dated 13th December, 2017 has been filed by the ROC and while denying each and every allegation made and contention raised in the Appeal, he submitted that their Company has failed to file its statutory returns since incorporation.;