Restoration of struck-off company allowed where business existence was shown and no enforcement action was pending

Restoration of a struck-off company under Section 252(3) was considered where the company asserted continued business activity, assets, and inadvertent non-filing of statutory returns and financial statements. The Registrar did not oppose restoration, and no pending investigation, inquiry, or complaint was shown. Taking a liberal view in the interest of justice, the Tribunal restored the company's name on the register, subject to compliance with pending statutory filings and payment of costs. Consequential restoration of the directors' DINs was also directed, allowing the company to revive its corporate status and resume operations.

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

Analysis: The petition was founded on the assertion that the company remained operational, had business activity and assets, and that the defaults in filing statutory returns and financial statements were inadvertent. The Registrar did not oppose restoration and there was no material showing any pending investigation, inquiry, or complaint. The Tribunal noted the statutory framework governing strike off and restoration, and took a liberal view in the interest of justice where restoration would not prejudice any party. It also directed compliance with pending statutory filings and payment of costs as a condition for restoration.

Conclusion: The name of the company was directed to be restored, along with consequential restoration of the directors' DINs, subject to compliance with the specified conditions.

Final Conclusion: The petition for restoration of the struck-off company was allowed with conditional reliefs, and the company was permitted to revive its corporate status and resume operations.

Ratio Decidendi: In proceedings for restoration of a struck-off company, where the company shows bona fide business existence, no pending enforcement action is shown, and the Registrar does not oppose restoration, the Tribunal may restore the company's name under Section 252(3) subject to compliance conditions and costs.

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