Restoration of struck-off company upheld where records showed continuing business activity and functioning as a going concern.

A struck-off company may be restored to the register under Section 252(3) of the Companies Act, 2013 where the record shows continued business activity or restoration is otherwise justified in the interests of justice. The Tribunal relied on incorporation documents, audited financial statements, income tax returns, and other material indicating that the company remained operational, as well as the latest balance sheet showing substantial assets and liabilities, to conclude that it was functioning as a going concern. On that basis, and after considering the Registrar's report, the company's name was ordered to be restored to the register of companies.

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Issues: Whether the company's name should be restored to the register of companies under Section 252(3) of the Companies Act, 2013 on the basis that it was carrying on business and that restoration was otherwise just.

Analysis: The application was supported by incorporation documents, audited financial statements, income tax returns and other material indicating that the company remained operational. The Tribunal also noted the latest balance sheet showing substantial assets and liabilities, which supported the applicant's claim that the company was in existence and functioning as a going concern. On that basis, and after considering the Registrar's report and the statutory power to restore a struck-off company, the Tribunal found sufficient cause for restoration.

Conclusion: The company's name was ordered to be restored to the register of companies.

Ratio Decidendi: A struck-off company may be restored under Section 252(3) of the Companies Act, 2013 where the material on record shows that it was carrying on business or was otherwise entitled to restoration in the interests of justice.

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