RENU GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) M/S Vihan Organic Farms, a private limited company registered under the Companies Act, 2013 (for brevity "2013 Act") said to be engaged in the business of retail estate promoters, developers and project management association including civil, mechanical and electrical and all other types of erection, commissioning projects, as well as consultants for execution of projects on turnkey basis having registered office at village Chowki via Bilokala Tahsil and District Shivpuri (M.P.), as did not file the return since 2013 led to striking off its name from the Register Of Members for not carrying on any business or operation for a period preceding two financial years, nor filing application within said period for obtaining the status of a dormant company under Section 455 of 2013 Act.

(2.) The striking off the name of company from the ROM is under Section 248 of 2013 Act which provides that:

(3.) The petitioners though in paragraph 5.14(iv) of the petition have stated that "the petitioners got to know that the name of the said company had not been struck off under the provisions of Section 248 of the Companies Act, 2013 by Registrar of Companies". This contention; however, is contrary to the facts borne out from Annexure P/3 and Annexure P/4 which record the status of the company in question as 'strike off'. Such an incorrect statement by the petitioners is not appreciated. Be that as it may. It is further evident from record that no appeal against the decision of Registrar of Companies of striking off the name of company from ROM is shown to have been filed. Section 252 of 2013 Act envisages that: