Company's Name Restored After Appeal Upheld

The Tribunal allowed the appeal against the striking off of the company's name under Section 252 of the Companies Act, 2013. The appellant, a private limited company, successfully demonstrated its operational status during the period of striking off through financial evidence. The Tribunal found the company was not defunct and ordered the restoration of its name in the register of companies. The company was required to fulfill outstanding obligations, pay specified costs, and comply with legal formalities. The decision set aside the public notice of striking off, ensuring the company's compliance with statutory requirements.

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Issues:
1. Appeal against striking off the name of a company under Section 252 of the Companies Act, 2013.
2. Company's claim of being operational during the period of striking off.
3. Compliance with statutory requirements and restoration of the company's name.

Issue 1: Appeal against striking off the name of a company under Section 252 of the Companies Act, 2013:
The appellant, a private limited company, filed an appeal against the order of striking off its name by the Registrar of Companies under Section 248(5) of the Companies Act, 2013. The appellant contended that the company had been carrying out business activities and provided evidence to support its claim, including financial statements, income tax returns, and bank statements. The Registrar of Companies issued a notice stating that the company had not been operational for two preceding financial years, leading to the striking off of its name. The appellant argued that it was not given an opportunity to be heard before the name was struck off, and thus, the appeal was made to challenge this decision.

Issue 2: Company's claim of being operational during the period of striking off:
The appellant presented evidence to demonstrate that the company was operational during the period when its name was struck off. This evidence included audited financial statements, income tax returns, and bank statements showing transactions and a closing balance. The appellant argued that the company had been carrying out business activities since its inception and that the name was struck off without following due procedures. The appellant sought restoration of the company's name to continue its operations and comply with statutory requirements.

Issue 3: Compliance with statutory requirements and restoration of the company's name:
The Tribunal considered the provisions of Section 252 of the Companies Act, 2013, which allow for the restoration of a company's name if it can demonstrate that it was operational at the time of striking off. After reviewing the evidence provided by the appellant, the Tribunal found that the company was not defunct and deserved to be restored to the register of companies. The appeal was allowed, setting aside the public notice of striking off the name of the company. The restoration was subject to the company filing all outstanding documents with proper fees, completing formalities, and paying a specified cost to the Prime Minister's Relief Fund. The company's name was to be restored as if it had not been struck off initially, ensuring compliance with legal requirements.

This detailed analysis of the judgment highlights the key issues involved in the appeal against the striking off of the company's name and the subsequent decision by the Tribunal to restore the company's name based on the evidence provided and compliance with statutory requirements.

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