Restoration of struck-off company name granted where filing defaults were inadvertent and revival served stakeholders' interests.

A struck-off company's name was restored to the register under Section 252 of the Companies Act, 2013 after the Tribunal accepted that the filing defaults were inadvertent, not deliberate, and that supporting financial records and tax acknowledgments showed the company had continued to exist. The Tribunal found restoration justified in the interests of the company, its shareholders, and creditors, and also noted the company's readiness to complete pending statutory compliances. Restoration was allowed subject to post-restoration compliance directions and payment of costs.

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Issues: Whether the struck off company's name should be restored in the register of companies under Section 252 of the Companies Act, 2013.

Analysis: The application for restoration was supported by the shareholder's explanation that the defaults in filing financial statements and annual returns were inadvertent and not deliberate. The record showed that the company was incorporated earlier, had produced financial records and tax return acknowledgments for relevant years, and expressed readiness to complete pending statutory compliances upon restoration. The Registrar's report noted non-filing defaults and the earlier striking off action under Section 248(1), but the Tribunal found the explanations and surrounding material sufficient to justify revival in the interests of the company, its shareholders, and creditors. Restorative directions were framed together with conditions for post-restoration compliance and payment of costs.

Conclusion: The request for restoration was allowed and the company's name was ordered to be restored to the register of companies.

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