Manorama Kumari, Member - (1.) The Appellant abovenamed, who is Director and Shareholder, by way of this Appeal, seeks for restoration of the Company, namely, M/s. Om Access Realty 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 Public Notice No.l dated 10.3.2017/23.3.2017 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2915 dated 9th June, 2017 issued under sub-section (5) of Section 248 of the Companies Act, 2013, has struck off the name of the Company from the Register of Companies inter alia on the ground that the Company has not been carrying on any 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.
(3.) The Appellant has submitted that the Company started its operational activities from September, 2014; due to unavoidable reasons the Company was not able to file its Annual Returns; the management of the Company was unaware of the legal compliances to be performed in respect of filling of the form; though the filing work was entrusted to the consultant he inadvertently failed to comply with his professional duties; the Appellant and other Director are willing to carry on the business of the Company on restoration etc. 3.1. The Appellant has filed copy of the Bank Statement and copy of letter of the Bank dated 5th October, 2017 along with the Appeal.;