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Issues: Whether the name of the company deserved restoration in the register of companies under Section 252 of the Companies Act, 2013.
Analysis: The application was founded on the assertion that the company had been carrying on business and that the defaults in filing financial statements and annual returns were inadvertent. The record showed that the company had produced audited balance sheets and other material indicating continued operations, and it expressed readiness to cure the pending statutory non-compliances upon restoration. The Registrar's report noted the prior strike-off for non-filing and raised objections, including a reference to disqualification under Section 164(2) of the Companies Act, 2013. On the materials placed, the Tribunal was satisfied that sufficient cause existed to revive the company in the interests of the company, its shareholders, and creditors.
Conclusion: Restoration of the company's name was ordered and the application was allowed.
Ratio Decidendi: Where a struck-off company shows continuing business activity and a bona fide readiness to make good pending statutory compliances, restoration may be directed in the interests of the company and its stakeholders.