VAISHALI RICE MILL PRIVATE LIMITED (COMPANY NAME STRUCK OFF) BY REGISTRAR OF COMPANY) Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This is an appeal filed by M/s. Vaishali Rice Mill Private Limited Company represented by Mr. Ajay Kumar, a shareholder holding 3,06,000 shares being 14.48% of the paid-up share capital in the company under Section 252 of the Companies Act, 2013 , by inter-alia seeking to direct the Respondent to restore the Company which was struck off, by the Registrar of Companies; and to permit it to carry on the normal business.

(2.) Brief facts, leading to of the present Company Appeal, are as follows:

(3.) The appellant contends that due to inordinate delay in replying to the notice of the respondent and due to non filing of Financial statements and Annual Returns for the years ending on 31.03.2011 and 31.03.2013, the ROC under sub-section (1) of 248 of the Companies Act, 2013 had removed the name of the appellant, he respondent had removed the name of the appellant company by a suo moto action of the Respondent, after issuing the notification under Section 248(5) in the Official Gazette dated 14.03.2017 under STK-7. The copies of the notice has been marked and annexed as 'Annexure-IV.