KULDEEP SHASTRI Vs. ROC, GUJARAT

JUDGEMENT

(1.) This Appeal is filed by the Shareholder of M/s. Earth Connect Transway Private Limited, seeking restoration of the name of the Companyin the Register of Companies maintained by the Registrar of Companies, Gwalior, Madhya Pradesh ['ROC for short].

(2.) It is stated in the Appeal that the Company, M/s. Earth Connect Transway Private Limited, was incorporated on 1st February, 2013 as a Private Limited Company by Shares having CIN No. U63090MP2013PTC029982, and its Registered Office is situated at 3/5, Dhobi Gali Nikas Chouraha, Ujjain, Madhya Pradesh-456001. and has been carrying on business activity since its incorporation. According to the Appellant, the Company could not file the Balance Sheets and Annual Returns for the years 2013-14, 2014-15 and 2015-16 due to technical problems of digital signatures validation etc., which was duly approved by the Board of Directors audited by the Auditors and adopted by the Members. It is further the case of the Appellant that the Company is closely held private limited company having two shareholders holding entire share capital mainly by the Directors and their relatives.

(3.) The Appellant has stated that the Respondent ROC vide Notice in the Form STK-7 dated 14th June, 2017 issued under subsection (5) of Section 248 of the Companies Act, 2013 has struck off the name of the Company from the Register of Companies, maintained by the ROC, Gwalior, Madhya Pradesh, with effect from 26th May, 2017. The said facts came to the knowledge of the Appellant when the Company tried to file the statutory returns and other documents at the portal of the MCA,wherein it is reflected that the Company's status was changed to Strike Off; no notice of striking off the name of the Company was served upon the Company; the Appellant being the shareholder is required to protect his interest in the Company and to protect the interest of creditors and various Government Departments associated with the business of the Company and hence decided to make this Appeal before the HonTDle National Company Law Tribunal.