Restoration of struck-off company name under Section 252(3) allowed to protect home buyers and enable sale deed execution.

A struck-off company's name may be restored under Section 252(3) of the Companies Act, 2013 where the facts show restoration is necessary to prevent prejudice to home buyers and commercial space purchasers. The Tribunal treated the need to enable execution of sale deeds, the peculiar circumstances of the case, and the broader public interest as sufficient grounds for restoration. It also noted that internal corporate steps, such as appointing another director, were matters for the shareholders and the Registrar of Companies. The company was directed to be restored to the register, with filing of pending annual returns and balance sheets and payment of requisite fees.

---

---

Issues: Whether the name of the struck off company was liable to be restored to the register of companies under Section 252(3) of the Companies Act, 2013 in the circumstances of the case.

Analysis: The company had been struck off for non-filing of statutory returns, but the record showed that restoration was necessary to enable execution of sale deeds in favour of home buyers and commercial space purchasers. The Tribunal treated the peculiar facts, the need to avoid prejudice to purchasers, and the broader public interest as sufficient grounds to restore the company's name to the register, leaving internal corporate steps such as appointment of another director to the shareholders and the Registrar of Companies.

Conclusion: Restoration of the company was ordered and the Registrar of Companies was directed to restore its name to the Register of Companies, with directions to file pending annual returns and balance sheets and pay requisite fees.

---