Restoration of struck off company under Section 252(3) granted where filing was timely and no public interest objection existed.

A struck off company may be restored under Section 252(3) of the Companies Act, 2013 where the petition is timely, the Registrar does not object, and no pending inquiry, investigation, or complaint shows a public interest bar to restoration. The Tribunal treated the company's status as a going concern, the absence of deliberate non-compliance, and the protection of stakeholder interests as supporting a lenient approach in the interest of justice and ease of doing business. The company's name was restored, and the consequential disqualification-related DIN consequences for its directors were also directed to be restored, subject to the stated filing and cost conditions.

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Issues: Whether the name of the struck off company and the consequential disqualifications of its directors should be restored in exercise of the Tribunal's power under Section 252(3) of the Companies Act, 2013.

Analysis: The company had been struck off for non-filing of statutory returns and financial statements, attracting the statutory scheme under Section 248 of the Companies Act, 2013. The petition was filed within the period permitted by Section 252(3), the Registrar did not oppose restoration, and there was no material showing any inquiry, investigation, or complaint pending against the company. The Tribunal also noted that the company was stated to be a going concern, that restoration would protect stakeholder interests, and that the default in compliance was not shown to be deliberate. In these circumstances, a lenient approach was taken in the interest of justice and ease of doing business.

Conclusion: The prayer for restoration was allowed and the company's name was directed to be restored, along with consequential restoration of the directors' DINs, subject to compliance with the stated filing and cost conditions.

Ratio Decidendi: A struck off company may be restored under Section 252(3) of the Companies Act, 2013 where the petition is maintainable, there is no opposing public interest objection, and restoration would better serve the interests of justice and the business stakeholders.

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