Manorama Kumari, Member - (1.) The Appellant above named, who is Director and Shareholder of the Company, M/s. Pratham Township and Developers Private Limited, by way of this Appeal, seeks for w restoration of name of the Company, 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 issued in Form No. STK-5 followed by Notice No. ROC-G/248(5) /2017/2949 dated 14th 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. 2.2. It is submitted by the Appellant that the Company is having assets and liabilities and regularly filed Balance Sheet and Annual Returns etc., up to the year 2012-13 but could not file the same for the years from 2013-14 to 2015-16 due to technical problems of digital signatures validation etc; the Company is having a total of two shareholders only holding entire share capital; the Company has fixed assets and Unsecured Loans from Directors and their relatives apart from other assets and liabilities; and the restoration of the Company would be in the interest of all the stakeholders of the Company.
(3.) On Notice being issued and served upon the ROC, the ROC has filed Reply dated 1.1.2018 on 9th January, 2018 stating that the Respondent has struck off the name of the Company on suo motu basis on 14.6.2017 due to non-filing of Annual Returns and Balance Sheet for the financial years from 2013-14 to 2017-17.;