Tribunal overturns company name striking off, orders restoration. Compliance and donation required.

The Tribunal allowed the appeal against the striking off of the company's name under Section 248(1) of the Companies Act, 2013. It declared the striking off as illegal and ordered the restoration of the company's name in the Register of Companies. The company was directed to submit pending documents, pay fees and additional charges, and make a donation to the Prime Minister's Relief Fund for restoration. The company's name was to be reinstated as if it had never been struck off, concluding the matter in favor of the appellant company.

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Issues:
- Appeal against striking off the name of the company under Section 252 of the Companies Act, 2013.
- Company's operation and functional status during the striking off period.
- Evidence presented by the company to establish operational status.
- Jurisdiction of the Tribunal to restore the name of the company.
- Restoration of the company's name in the Register of Companies.

Analysis:
1. The appeal was filed against the order of striking off the company's name under Section 248(1) of the Companies Act, 2013. The appellant contended that the company was incorporated as a Private Limited Company and provided details of its authorized share capital and main objects.

2. The respondent struck off the company's name due to non-filing of Financial Statements and Annual Returns for the Financial Years 2016 onwards, indicating non-operation of the business. The respondent acted under Section 248 of the Companies Act, 2013, and related rules for removal of names of companies from the Register of Companies.

3. The appellant presented evidence of the company's operation and functionality during the striking off period, including Audited Financial Statements, Agreements, Income Tax Returns, and legal orders. The appellant demonstrated that the company was not defunct as per Section 252 of the Act.

4. The Tribunal considered the provisions of Section 252(1) of the Companies Act, 2013, granting discretion to restore the name of a company if it was in operation or if restoration is deemed just. The Tribunal found the evidence presented by the appellant sufficient to warrant restoration in the interest of stakeholders.

5. Consequently, the Tribunal allowed the appeal, declaring the striking off of the company's name as illegal and ordering its restoration in the Register of Companies. The company was directed to file all pending documents with fees, pay additional charges, and make a donation to the Prime Minister's Relief Fund for restoration. The name of the company was to be reinstated as if it had not been struck off under Section 248(1) of the Companies Act, 2013.

6. The Tribunal disposed of the appeal, directing the service of the order copy to the concerned parties, thereby concluding the matter in favor of the appellant company.

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