JITESH KAPURCHAND PALRECHA (MECHANICAL & HEAT TREAT WORKS PVT LTD) Vs. REGISTRAR OF COMPANIES, GUJARAT

JUDGEMENT

(1.) This Appeal is filed under Section 252(3) of the Companies Act, 2013 by the Appellant, Mr. Jitesh Kapurchand Palrecha seeking restoration of the name of the Company, i.e., M/s. Mechanical And Heat Treat Works Private Limited as its Director/ Member in the Register of Companies maintained by the Registrar of Companies, Gujarat, Ahmedabad ["ROC for short].

(2.) The facts in brief, which necessitated the Appellant to file this Appeal, are as follows;

(3.) Upon issuance of notice, the ROC has filed Representation dated 13th November, 2017 through his Deputy Registrar wherein he has denied the allegations and contentions raised in the Appeal, and represented that as the Company has failed to file its statutory returns since financial year 31.3.2005 notices dated 6.3.2017/9.3.2017 and 25.4.2017 were issued on the Company, and finally its name was struck off vide notice issued under Section 248(5) of the Act on 21.6.2017 and the same was published in the Official Gazette of Government of India.