MICROTECH INFOSERVE PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The instant appeal has been preferred through its authorized representative Mr. Sunil Verma by MicroTech Infoserve Private Limited. The appellant is aggrieved by the order dated 30.06.2017 published in the Gazette of India striking off the Register of the Companies, the name of the appellant company (Annexure A/ 7). The Registrar by invoking the provisions of Section 248 (5) of the Companies Act, 2013 has struck off the name of the appellant's company from its register.

(2.) Before dealing with the legal issues few material facts may first be noticed. The appellant company was incorporated on 03.02.2004 under the provisions of Companies Act, 1956. It has been carrying on the business of import, export, purchase, assemble, stockists, distributors etc. and related software and hardware. It is claimed that it is a young SMERA rated company engaged into Systems Integration projects catering to IT domain across Smartgrid Utilities and Banking, financial institutions and Central Government undertakings. It is further claimed that it has signed Memorandum of Understandings with Japanese Companies like HITACHI Systems, CAC Holdings and FUJI Electric to cater to their outsourcing and IT hardware requirements. It has 84 employees and operates from its registered office situated at Building #04-LGF, Gagan Vihar, Delhi-110051.

(3.) The appellant has acknowledged a receipt of notice sent by the Registrar of Companies bearing No. DEL/248(1)/STK-1 dated 03.2017 asking the company and its directors to show cause alongwith copies of documents if any as to why the name of the company should not be struck off from the register of the Registrar of Companies in accordance with the provisions of Section 248 (1) and (2) of the Companies Act. The reasons for issuing the notice was that ROC expressed a reasonable doubt that the company was not carrying on any business or operations for a period of two immediately preceding financial years nor it has made any application to obtain of the statement of the dormant company under Section 455 of the Companies Act. The aforesaid notice is stated to have been delivered on 12.04.2017. The Registrar of Companies then issued public notice No. ROC-DEL/248/STK-5/108 dated 06.04.2017 in form STK-5 inviting objections to the proposed removal of the name of the appellant company from the register of Companies within 30 days from the date of publication of notice.