Restoration of struck-off company name under the Companies Act upheld where defaults were explained and filings remained pending.

A struck-off company may be restored to the Register of Companies under Section 252(3) of the Companies Act, 2013 where sufficient cause is shown for the defaults and the company undertakes to complete pending statutory filings. The Tribunal noted that the statutory strike-off procedure had been followed, but accepted the explanation for non-compliance, the readiness to file outstanding documents, and the absence of any pending inquiry, investigation, or complaint. Restoration was therefore justified, subject to compliance with statutory requirements and payment of costs.

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Issues: Whether the struck-off company's name should be restored to the Register of Companies under Section 252(3) of the Companies Act, 2013.

Analysis: The petition sought restoration of the company's name after striking off under Section 248 of the Companies Act, 2013. The Tribunal noted that the Registrar had issued notice and followed the statutory procedure, but also found that the company had offered reasons for the defaults, expressed readiness to file all pending statutory documents, and that no inquiry, investigation, or complaint was pending against it. On that basis, the Tribunal accepted that restoration was justified, while directing compliance with statutory filings and payment of costs.

Conclusion: The company's name was ordered to be restored to the Register of Companies, subject to compliance with statutory requirements and payment of costs.

Ratio Decidendi: A struck-off company may be restored under Section 252(3) of the Companies Act, 2013 where the applicant shows sufficient cause for non-compliance and undertakes to complete pending statutory filings, especially when no inquiry, investigation, or complaint is pending.

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