Restoration of struck off company's name permitted where continuing business activity made revival just and equitable.

A struck off company's name may be restored to the register where the record shows continuing business activity, revenue from operations, bank transactions and a trade certificate, making restoration just and equitable despite prior non-filing of annual returns and statements. The Tribunal treated the application as within limitation, noted the absence of objection from the Registrar of Companies, and allowed restoration on a conditional basis. It also directed compliance with pending statutory filings and payment of costs, while keeping unrelated tax disputes separate from the restoration relief.

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Issues: Whether the struck off company's name should be restored in the register of companies under the statutory restoration power despite non-filing of annual statements and returns.

Analysis: The company was struck off for non-filing of statutory returns, but the materials on record showed business activity, revenue from operations, bank transactions, trade certificate, and continuing commercial operations. The petitioners were held to be eligible to seek restoration, and the application was treated as within limitation. In the absence of objection from the Registrar of Companies, and considering the record as a whole, restoration was found to be just and equitable. The Tribunal also directed compliance with pending statutory filings and payment of costs, while keeping unrelated tax disputes distinct from the restoration relief.

Conclusion: Restoration of the company's name was allowed on a conditional basis, with directions to revive the company in the register and to comply with pending statutory requirements.

Ratio Decidendi: A struck off company's name may be restored where the record shows ongoing business activity and restoration is found just and equitable, subject to compliance with pending statutory filings and other conditions imposed by the Tribunal.

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