Restoration of struck-off company's name under Section 252(3) allowed where revival was found just and equitable.

A struck-off company sought restoration of its name in the register under Section 252(3) of the Companies Act, 2013. The Tribunal considered the company's explanation for non-filing, its latest financial statements, and income tax return acknowledgment, and found the materials sufficient to justify revival. It held that restoration was just and equitable in the circumstances and directed consequential steps for reinstatement, including revival of the company's status and activation of DINs, subject to compliance conditions and costs.

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Issues: Whether the appellant company was entitled to restoration of its name in the register of companies under Section 252(3) of the Companies Act, 2013.

Analysis: The company had been struck off for non-filing of statutory financial statements and annual returns, but the Tribunal considered the explanation for the defaults, the latest financial statements, and the income tax return acknowledgment. It found that restoration was warranted on the materials placed before it and that it was just and equitable to restore the company to the register. The Tribunal also directed consequential steps for revival of the company's status and activation of DINs, while imposing compliance conditions and costs.

Conclusion: The appellant company was held entitled to restoration of its name in the register of companies, subject to the directions issued by the Tribunal.

Ratio Decidendi: A company struck off from the register may be restored under Section 252(3) of the Companies Act, 2013 where the Tribunal is satisfied that restoration is just and equitable, with appropriate consequential directions and conditions.

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