Restoration of struck-off company name supported by ongoing business activity and non-intentional filing defaults.

A struck-off company's name may be restored to the Register of Companies under Section 252(3) where material shows it was carrying on business and the failure to file annual returns and financial statements was not intentional. Restoration may also be justified where it preserves business prospects and avoids prejudice to shareholders and directors. On that basis, the statutory requirements for restoration were treated as satisfied, and the company's name was ordered to be restored subject to compliance with the Tribunal's directions.

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Issues: Whether the company's name, struck off from the Register of Companies, should be restored under Section 252(3) of the Companies Act, 2013.

Analysis: The application was supported by material showing that the company had been carrying on business and that the omission to file annual returns and financial statements was not intentional. The record also indicated that restoration would protect the company's business prospects and avoid prejudice to its shareholders and directors. In these circumstances, the statutory basis for restoration was made out.

Conclusion: The company's name was ordered to be restored in the Register of Companies, subject to compliance with the directions imposed by the Tribunal.

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