Restoration of struck-off company's name allowed where records showed continued existence, assets, and going-concern status.

A company struck off for non-filing of statutory returns was found entitled to restoration of its name under Section 252(3) of the Companies Act, 2013. The Tribunal relied on audited financial statements, material showing continued existence, and the Registrar of Companies' report, noting that the company held assets, maintained financial statements for the relevant years, and was treated as a going concern despite nil revenue. On that basis, it concluded that the company had been in existence at the relevant time and that restoration in the register of companies was warranted.

---

---

Issues: Whether the company, having been struck off for non-filing of statutory returns, was entitled to restoration of its name in the register of companies under Section 252(3) of the Companies Act, 2013.

Analysis: The application was examined on the basis of the company's audited financial statements, the material placed to show continued existence, and the report of the Registrar of Companies. The record reflected that the company had assets, had maintained financial statements for the relevant years, and was treated as a going concern notwithstanding nil revenue. The Tribunal also considered the statutory framework governing strike off and restoration of names from the register, and found that the company had been in existence at the relevant time and that restoration was warranted.

Conclusion: The company was entitled to restoration of its name in the register of companies.

---