Restoration of struck-off company names may be granted where business continuity and no prejudicial proceedings support revival

A struck-off company may be restored where continuing commercial arrangements show a bona fide business interest, no pending investigation or complaint prejudices restoration, and the Registrar does not oppose relief. The Tribunal applied Section 252(3) in a liberal manner, treating the petition as maintainable in the interest of justice and ease of doing business. Restoration was ordered, along with consequential revival of related entries, subject to filing pending statutory documents and payment of costs.

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Issues: Whether the name of the company, which was struck off under the Companies Act, 2013, should be restored in exercise of the Tribunal's powers under Section 252(3).

Analysis: The petition sought restoration of the company's name after striking off. The Tribunal noted that the Registrar had initiated action under the statutory strike-off provisions, but also recorded that there were continuing commercial arrangements, no pending investigation or complaint, and no opposition to restoration from the Registrar. It considered the petition to be maintainable and applied a lenient approach in the interest of justice and ease of doing business, while directing compliance with statutory filings and payment of costs.

Conclusion: The restoration of the company's name was ordered, with consequential restoration of related entries, subject to filing of pending statutory documents and payment of costs.

Final Conclusion: The company's struck-off status was reversed and the petition succeeded, subject to compliance directions and costs.

Ratio Decidendi: A company's name may be restored under Section 252(3) where the circumstances show bona fide continuation of business interest, no prejudicial investigation or complaint, and restoration would serve the interest of justice, subject to compliance conditions.

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