Restoration of struck-off company name under Section 252(3) turns on whether restoration is just and equitable on the facts.

A struck-off company may be restored to the register under Section 252(3) of the Companies Act, 2013 where the Tribunal is satisfied that restoration is just and equitable on the facts. The Tribunal noted that the company had failed to file statutory returns and financial statements, but the materials showed acquisition of assets, updated financial statements and income-tax returns, and business difficulties linked to quarrying-related regulatory approvals. Restoration was ordered subject to conditions requiring filing of pending statutory forms, production of required documents, payment of costs, and compliance with regulatory requirements.

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Issues: Whether the appellant company's name, struck off from the register for non-filing of statutory returns and financial statements, should be restored under Section 252(3) of the Companies Act, 2013.

Analysis: The company had been struck off for failure to file financial statements and annual returns under the Companies Act, 2013. The materials placed before the Tribunal showed that the company had acquired assets, had filed updated financial statements and income-tax returns, and that the business had been affected by regulatory impediments connected with quarrying and allied approvals. The Tribunal also considered the statutory restoration power under Section 252(3), which permits restoration where the company was carrying on business or it is otherwise just that its name be restored. In the facts presented, the Tribunal found restoration to be just and equitable, while imposing conditions to ensure production of required documents, filing of pending statutory forms, payment of costs, and compliance with regulatory requirements.

Conclusion: The company's name was ordered to be restored to the register of companies, subject to the specified conditions, in favour of the appellant.

Ratio Decidendi: A struck-off company may be restored under Section 252(3) of the Companies Act, 2013 where the Tribunal is satisfied that restoration is just and equitable on the facts, even if restoration is made conditional upon compliance with statutory and ancillary requirements.

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