Struck off company restoration under Section 252: bona fide revival, pending filings, and stakeholder interests supported revival.

A struck off company may be restored to the Register of Companies under Section 252 of the Companies Act, 2013 where the applicant shows a bona fide basis for revival, the company has existing business activity, and pending statutory filings are available for completion after restoration. Here, the Tribunal noted that the defaults in filing annual returns and financial statements were explained as inadvertent, considered the Registrar's report and the assurance of future compliance, and found restoration justified in the interests of the company, its shareholders, and creditors. The company's name was therefore restored, with consequential directions for compliance and revival.

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Issues: Whether the name of a struck off company should be restored in the Register of Companies under Section 252 of the Companies Act, 2013.

Analysis: The Applicant was a shareholder and director of the company and sought restoration of its name after striking off for non-filing of annual returns and financial statements. The record showed that the company had existing business activity, that the statutory defaults were explained as inadvertent, and that the necessary pending documents were available and were proposed to be filed upon restoration. The Tribunal also considered the Registrar's report and the assurance that all pending statutory compliances would be completed. In those circumstances, restoration was found to be justified in the interests of the company, its shareholders, and creditors.

Conclusion: The company's name was ordered to be restored in the Register of Companies.

Final Conclusion: The application succeeded, and the struck off company was directed to be revived with consequential directions for compliance, activation of status, and payment of costs.

Ratio Decidendi: Where a struck off company shows a bona fide basis for revival, has pending statutory documents ready for filing, and restoration is found to serve the interests of the company, shareholders, and creditors, the Tribunal may direct restoration under Section 252 of the Companies Act, 2013.

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