Restoration of struck-off company name granted where assets existed and non-filing was not shown to be deliberate.

A company struck off from the Register of Companies may be restored under Section 252(3) where it was incorporated long before strike-off, had assets and investments reflected in its financial position, and the non-filing of returns was not shown to be deliberate or malicious. The Tribunal noted that strike-off proceedings had been taken after notice and prescribed procedure, with no pending inquiry or investigation, and that restoration would meet the ends of justice. The company's name was therefore ordered to be restored, with consequential restoration of the directors' DINs, subject to compliance with filing and cost conditions.

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Issues: Whether the name of the company, which had been struck off from the Register of Companies, should be restored under Section 252(3) of the Companies Act, 2013.

Analysis: The company had been incorporated long before the strike off, had assets and investments reflected in its financial position, and the non-filing of returns was treated as not being shown to be deliberate or malicious. The Registrar had initiated strike off proceedings under Section 248(1) of the Companies Act, 2013 after issuing notice and following the prescribed procedure, and there was no pending inquiry or investigation. The Tribunal held that, in the circumstances, restoration would meet the ends of justice, particularly where the Registrar raised no objection to restoration and the matter could be regulated by conditions regarding filing of statutory returns and payment of costs.

Conclusion: The company's name was ordered to be restored to the Register of Companies, along with consequential restoration of the directors' DINs, subject to compliance with the stipulated conditions.

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