ORDER

1. This Application/Petition has been filed on 26.05.2022 by Mr. Gyan Swaroop Shukla (hereinafter as “Applicant”) under Section 252(3) of the Companies Act, 2013, (hereinafter referred as the Act) , who is a Director and shareholder of “GOVERDHAN FLOOR AND RICE MILL PRIVATE LIMITED”, praying for restoration of the Company’s name i.e. M/s Goverdhan Floor and Rice Mill Private Limited (hereinafter referred as “the Company”) in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh, Kanpur (hereinafter referred as “ROC/Respondent”).

2. M/s Goverdhan Floor and Rice Mill Private Limited (hereinafter called as ‘the Company’) was incorporated on 09.02.2000 as private limited company by shares with registration no. 025119 under the Companies Act, 1956. The Company obtained its Certificate of Incorporation with Corporate Identification Number (CIN) U15311UP2000PTC025119. The registered office is situated at C/o Jivan Trading Company, LRP Road, Lakhimpur, Khiri, Uttar Pradesh-262701.

3. The Company is carrying on the business of Millers of Wheat, Gram and other grains, cereals, dal, rice, Besan, Maida, Aata, Suji and other allied products. It is also engaged in manufacturing of bye products such as Biscuits, Dalia, Flakes, Bread and other confectionery products. The company is also engaged in the business of producing, extracting, refining, storing, exporting, transporting and dealing in all kinds of flours and to construct and run Flour mills, Rice mills, Dal Mills, and of any kind description and to purchase, sell, import, export, manufacture, repair, assemble or otherwise deal in all machinery used in the manufacture of flour, dal, besan, biscuits, flakes, daliya choker and allied products and to purchase, sell, store or otherwise deal in wheat, paddy and other grains, cereals, cotton, kapas, rice, seeds of all kinds and other raw materials necessary for and incidental to or conducive to the above objects or any of them.

4. The Company is run by Mr. Gyan Swaroop Shukla as a Managing Director and Mr. Jagdish Prasad as Director holding equity shares of 10% each. The Authorized Share Capital of the Company is Rs.30,00,000/- consisting of 3,00,000 equity shares of Rs.10/- each. Issued, Subscribed and Paid-up Share Capital is 20,00,000/- consisting of 2,00,000 equity shares of Rs.10/- each.

5. It is stated by the Applicant that Company has never failed in maintaining the Books of Accounts and Financial Statements as per Section 128 and 129 of the Companies Act, 2013 and rules made there under respectively. Copy of Audited Financial and Annual Reports for the year ending 31^st March 2015 to 31^st March 2021 are annexed in the application at Annexure A-4. The Current Financial position of the Company as on 31st March 2021 on the basis of last audited balance sheet is mentioned below:-

6. It is submitted by the applicant that he invested Rs. 66,500.00 and Rs. 5,20,724.00 in the company for the purpose of purchasing fixed assets. It is further pointed out in the application that the fund of the Company was invested in the form of Tangible Assets (Land and Building) of Rs. 6,98,108/- and also have current assets in the form of Short Term Loans and Advances to the tune of Rs. 26,68,193/-. With regard to the Income Tax Return, it is submitted that the company has regularly filed its ITR till A.Y 2020-21. The copy of PAN Card (No.AABCG5524B) of the company and acknowledgment of the ITRs are annexed in the application at Annexure No.7

7. It is further submitted by the applicant that due to lack of professional knowledge, he was not aware of the proceeding started by the ROC for striking off the Company and he came to know about the name of the Company got struck off through the STK-7 list dated 07.01.2021. However, it was contended by him that the name of the company was struck off without giving show cause notice to the Applicant Company as required under the provision of section 248 and hence, prayed that its name should be r