Restoration of struck off company allowed subject to statutory filings, fees and costs under company law

A struck off company may be restored to the register under section 252(3) of the Companies Act, 2013 where the materials show that it had carried on business and the failure to file annual returns and financial statements was an unintentional default. The Tribunal treated the petition as maintainable and within limitation, found restoration just and equitable, and directed revival of the company's name. Restoration was made conditional on filing all pending statutory documents, payment of prescribed and additional fees, compliance by the petitioner's representatives, and payment of costs, with consequential reactivation of the company's status.

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Issues: Whether the struck off company's name should be restored in the register of companies under section 252(3) of the Companies Act, 2013, and whether such restoration should be made subject to filing of pending statutory returns and payment of costs.

Analysis: The petition was held maintainable and within limitation. On the materials placed, the company was found to have carried on business and the non-filing of annual returns and financial statements was treated as an unintentional default. The Tribunal found it just and equitable to revive the company's name in the statutory register. At the same time, restoration was made conditional upon filing all pending statutory documents, payment of the prescribed fees and additional fees, compliance by the petitioner's representatives, and payment of costs.

Conclusion: The company's name was directed to be restored, but only on a conditional basis, with consequential reactivation of its status and compliance with the stipulated filing and cost requirements.

Ratio Decidendi: A company whose striking off is found to be unjust in the circumstances may be restored under section 252(3) of the Companies Act, 2013, but restoration can validly be made conditional on full statutory compliance and payment of costs.

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