Restoration of struck-off company name allowed where business activity, inadvertent default, and statutory compliance undertakings were shown.

A company struck off from the register under the Companies Act, 2013 may be restored where it shows it was carrying on business, had turnover and profits, and the filing default was inadvertent rather than deliberate. The Tribunal treated the Registrar's strike-off power as subject to statutory safeguards of notice, opportunity to respond, and satisfaction about liabilities and obligations. On the facts, the application was within time, the company undertook to file pending statutory documents and pay the prescribed fees and costs, and sufficient cause for restoration was established, so the company's name was restored.

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Issues: Whether the applicant company was entitled to restoration of its name in the register of companies under Section 252 after strike off under Section 248 of the Companies Act, 2013.

Analysis: The company showed that it had been carrying on business, had earned turnover and profits for the relevant financial years, and that the default in filing annual returns and financial statements was inadvertent rather than deliberate. The Registrar's power to strike off under Section 248 is subject to the statutory safeguards regarding notice, opportunity to respond, and satisfaction about liabilities and obligations. On the facts, the Tribunal found sufficient cause to restore the company, particularly since the application was within time and the applicant undertook to file all pending statutory documents and pay the prescribed fees and costs.

Conclusion: The applicant was entitled to restoration of the company's name and the relief was granted in favour of the petitioner.

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