Company name restoration for a struck-off entity may follow where going-concern status and public interest justify relief.

A creditor sought restoration of a company's name in the Register of Companies so pending proceedings could continue. The Tribunal considered that the company had been struck off for non-filing of statutory returns and financial statements, but the record showed it had existed as a going concern and special circumstances justified relief. Applying Section 252(3) of the Companies Act, 2013 and Rule 87-A of the NCLT (Amendment) Rules, 2017, it restored the company's name in the Register of Companies and allowed the application, while leaving open action for any other violations in accordance with law.

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Issues: Whether the name of the company struck off from the Register of Companies should be restored under Section 252(3) of the Companies Act, 2013.

Analysis: The application was filed by a creditor seeking restoration so that pending proceedings could continue. The company had been struck off for non-filing of statutory returns and financial statements, but the record showed that the company had existed as a going concern and that special circumstances justified restoration. The Tribunal relied on Section 252(3) of the Companies Act, 2013 and Rule 87-A of the NCLT (Amendment) Rules, 2017, and considered that restoration would serve the larger public interest, while leaving open action for any other violations in accordance with law.

Conclusion: The name of the company was ordered to be restored in the Register of Companies, and the application was allowed in favour of the petitioner.

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