Restoration of struck-off company name upheld where investment, assets, and business purpose showed revival was just and equitable.

A struck-off company may be restored where the record shows substantive commercial investment, assets, or pending business arrangements, and restoration is just and equitable despite earlier non-filing of statutory returns. Here, the company had paid towards allotment of a school site, reflected the advance in audited accounts, and maintained a bank balance; the non-filing was linked to internal disputes rather than a lack of business purpose. On that basis, the tribunal directed revival of the company's name in the Register of Companies, subject to payment of costs and filing of pending returns.

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Issues: Whether the petitioner company's name, which had been struck off from the Register of Companies for non-filing of statutory returns, should be restored in view of the company's assets, investments, and business purpose.

Analysis: The petitioner showed that the company had made substantial payments towards allotment of a school site, reflected the advance in its audited accounts, and maintained a bank balance. The record also indicated that the non-filing of returns arose from internal disputes rather than absence of business activity. The authority considered that the company had not been carrying on revenue-generating operations, but the existence of investment, assets, and pending business arrangements weighed in favour of restoration. Applying the principle that restoration may be ordered where it is just and equitable to do so, the tribunal found that the company deserved revival in the register.

Conclusion: The name of the petitioner company was directed to be restored to the Register of Companies, subject to payment of costs and filing of pending statutory returns.

Ratio Decidendi: A struck-off company may be restored where the record shows substantive commercial investment or business activity and restoration would serve the interests of justice, even if statutory filings were not complied with for a period.

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