ARUN KUMAR Vs. REGISTRAR OF COMPANIES, GWALIOR

JUDGEMENT

(1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant Shri Arun Kumar Jain as its Director seeking restoration of the name of the Company, i.e., M/s. Jawahar Exim Limited in the Register of Companies maintained by the Registrar of Companies, Madhya Pradesh, Gwalior.ROC" for short]. It is further stated by the Appellant that the Respondent ROC has disqualified all the Directors of the Appellant Company under Section 164(2) (a) of the Companies Act, 2013 due to non-filing of financial statements and annual returns for the last three years.

(2.) The instant Appeal is filed in the capacity of Director, but when the Appellant came to know that he is disqualified as Director, he filed one IA No. 399 of 2017 before this Tribunal to press the instant Company Appeal since he is also a Member of the Appellant Company as there will be a technical difficulty which may arise at the time of hearing of the instant Appeal under Section 252(3) of the Companies Act.

(3.) For the purpose of disposal of the Interlocutory Application filed in the said Appeal, it is necessary to produce hereunder the provisions of the following Sections of the Companies Act, 2013;