Restoration of struck-off company name under the Companies Act granted subject to filing defaults and payment of costs.

A company whose name was struck off for non-filing of statutory returns may seek restoration under Section 252(3) of the Companies Act, 2013 where the application is maintainable and restoration is considered just and equitable. Here, the non-compliance was stated to be inadvertent, no investigation or complaint was pending, and the Registrar did not oppose restoration. Referring to the strike-off power under Section 248 and the restoration framework, the Tribunal adopted a lenient approach in the interest of justice and ease of doing business. Restoration was ordered subject to filing the pending statutory documents and payment of costs.

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Issues: Whether the company's name, struck off from the register for non-filing of statutory returns, should be restored under Section 252(3) of the Companies Act, 2013.

Analysis: The application was maintainable under the restoration provision, the company asserted that the non-compliances were inadvertent, no investigation or complaint was pending, and the Registrar did not oppose restoration. The Tribunal noted the statutory power of strike off under Section 248 and the requirement of restoration where it is just and equitable, and took a lenient view in the interest of justice and ease of doing business. Restoration was directed with conditions requiring filing of pending statutory documents and payment of costs.

Conclusion: The company's name was ordered to be restored to the register, subject to compliance with the directed conditions.

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