ORDER

1. This Appeal has been filed on 05.01.2023 by Mr. Ram Shiromani Pal and Abhishek Kumar Pal (hereinafter as Appellant no.1 and Appellant No.2 respectively), Directors of M/s MindPec Solutions Private Limited under Section 252(1) of the Companies Act, 2013, (hereinafter referred as the Act) praying for restoration of the Company’s name i.e. M/s MindPec Solutions Private Limited in the Register of Companies maintained by Registrar of Companies, Uttar Pradesh Kanpur (hereinafter referred as “ROC/Respondent”).

2. M/s MindPec Solutions Private Limited (hereinafter called as the ‘Appellant Company’) is a company limited by shares was incorporated on 11.03.2021 under the Companies Act, 2013 bearing CIN: U72900UP2021PTC143270. The registered office of the company is at Flat No. 12402, Tower-2, Block-B, Crossing Republik, Ghaziabad, Uttar Pradesh.

3. The Appellant Company is carrying on the business of installation, commissioning, training, preventive maintenance, minor and major repairs, of various infrastructural equipments. The company is also in the business of Software designing, development, customisation, implementation, maintenance, testing and benchmarking, designing, developing and dealing in computer software and solutions, and to import, export, sell, purchase, distribute, host (in data centers or over the web) or otherwise deal in own and third party computer software packages, programs and solutions, and to provide internet /web based applications, services and solutions, provide or take up Information technology related assignments on sub-contracting basis, offering services on-site/ offsite or through development centers using owned /hired or third party infrastructure and equipment, providing solutions/ Packages/ services through applications services provider mode via internet or otherwise, to undertake IT enabled services like call Centre Management, Medical and legal transcription, data processing, Back office processing, data warehousing and database management."

4. The Authorized, subscribed and paid up share Capital of the Appellant Company is Rs.1,00,000/- consisting of 10,000 equity shares of Rs.10/- each. The Appellant Company is managed by two Directors namely Mr. Ram Shiromani Pal having Din 09102225 and Mr. Abhishek Kumar Pal having DIN 09102226 since its incorporation. The shareholdings of both the Directors are subscribed to 100(1%) Shares and 9900 shares (99%) respectively.

5. It is stated that the Appellant Company has defaulted in filing FORM INC 20A, declaration pursuant to commencement of business operations within 180 days from the date of incorporation as per Section 10A(1)(a) of the Companies Act,2013 r/w Rule 23A of the Companies (Incorporation) Rules, 2014. The Directors of the Company came to know the status of the Appellant Company in the month of November 2022 as the Company has been marked ‘struck off’ from the website of the ROC while checking the Company’s Master Data.

6. As a consequence of non- filing of Form INC 20A, the ROC struck off the name of the Appellant Company vide notice date 25.11.2022 issued in Form No. STK-7 as per to Section 248(5) of the Companies Act 2013 r/w rule 9 of the Companies (Removal of names from the Register of Companies) Rules,2016 publishing the name of the Appellant Company on the MCA portal. Form no. STK-7 Notice of Striking off and Dissolution is annexed as Annexure A-1 of the appeal.

7. It is also stated that the Appellant Company, consequent to being struck off could also not file other Forms such as AOC-4, ADT-1 and MGT-7 resulting into non-compliance of Rule 23A of the Companies (Incorporation) Rules, 2014.

8. The Appellants further submitted that they were duly active in doing business activities as per Memorandum and Article of Association and were maintaining all the requisite documents since incorporation as per the Companies Act,2013 but due to incorrect professional advice to the management at the time of and after incorporation of the company and