Restoration of company name depends on proof of continuing business activity and satisfaction of the statutory restoration test.

A company's name may be restored in the register of companies where the record shows continuing business activity and the statutory test for restoration is satisfied under Section 252(3) of the Companies Act, 2013. On the incorporation documents, financial statements, balance sheet, Registrar's report and other materials, the Tribunal found that the company remained in existence and was functioning as a going concern. Restoration was therefore ordered, subject to compliance with the post-restoration and ancillary directions issued by the Tribunal.

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Issues: Whether the company's name deserved restoration in the register of companies under Section 252(3) of the Companies Act, 2013.

Analysis: The company placed on record its incorporation documents, financial statements and the latest balance sheet, showing assets and revenue from operations and indicating continuing business activity. The Tribunal also considered the Registrar's report and the statutory test under Section 252(3), namely whether the company was carrying on business or otherwise it was just to restore its name. On the materials produced, the Tribunal found that the company was in existence and functioning as a going concern, and that restoration was warranted. The Tribunal also directed compliance with specified post-restoration obligations and ancillary directions.

Conclusion: Restoration of the company's name in the register of companies was ordered, subject to compliance with the directions issued by the Tribunal.

Ratio Decidendi: A company whose continuing business activity is shown on record and which satisfies the statutory test of being in operation may have its name restored under Section 252(3) of the Companies Act, 2013, subject to appropriate consequential and compliance directions.

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