Company name restoration under section 252(3) granted subject to filing compliance, fees and costs.

A company struck off for non-filing of statutory returns and financial statements was ordered to be restored to the register under section 252(3) of the Companies Act, 2013. The Tribunal accepted that the petition was maintainable and within limitation, and noted the company's plea that it had been active and that the defaults were not deliberate. Restoration was granted on the basis that revival was just and equitable, but only subject to compliance with pending filings, payment of prescribed fees and costs, and other consequential directions.

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Issues: Whether the petitioner company's name, struck off from the register of companies, should be restored under section 252(3) of the Companies Act, 2013.

Analysis: The company was struck off for non-filing of statutory returns and financial statements. The Tribunal considered the petitioner's plea that the company had been active, that the defaults were not deliberate, and that restoration would be just and equitable. The petition was also found to be maintainable and within limitation. On the materials placed, the Tribunal formed the view that revival of the company's name in the statutory register was warranted, but restoration had to be accompanied by compliance with pending filings, payment of prescribed fees and cost, and other consequential directions.

Conclusion: The name of the company was ordered to be restored, subject to specified compliance conditions.

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