Company name restoration under Section 252(3) may be granted where revival is just and equitable with compliance directions.

Section 252(3) of the Companies Act, 2013 permits restoration of a struck-off company where the Tribunal is satisfied that it was carrying on business or that restoration is otherwise just and equitable. The record noted default in statutory filings, but also later filing of annual returns and financial statements, supporting revival. Restoration may be coupled with directions for filing outstanding documents, payment of fees and costs, and other compliance measures so the company is placed substantially in the position it would have occupied had it not been struck off.

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Issues: Whether the company's name, which had been struck off from the register of companies, should be restored under Section 252(3) of the Companies Act, 2013, and whether consequential directions could be issued for revival and compliance.

Analysis: The company was found to have defaulted in filing statutory returns for certain years, but the record also showed subsequent filing of annual returns and financial statements, and the application was examined in the light of the power under Section 252(3) to restore a name if the company was carrying on business or if it was otherwise just and equitable to do so. The Tribunal accepted that restoration would serve the ends of justice and could be accompanied by directions for filing outstanding documents, payment of fees and costs, and other consequential measures to place the company substantially in the same position as if it had not been struck off.

Conclusion: The company's name was ordered to be restored to the Register of Companies, and the appeal was allowed with ancillary compliance directions.

Final Conclusion: The strike-off was set aside in effect, subject to restoration of the company's status and compliance with the directions imposed by the Tribunal.

Ratio Decidendi: Restoration under Section 252(3) is warranted where the Tribunal is satisfied that the company was carrying on business or where restoration is otherwise just and equitable, and the order may include consequential directions to secure compliance.

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