Restoration of struck-off company name turned on business continuity evidence and misappreciation of records; refusal was set aside.

Restoration of a struck-off company name under the Companies Act, 2013 was considered in light of the company's balance sheets and other material showing assets and continued business activity. The Registrar's objection rested on alleged non-compliance and absence of statutory filings, but the impugned order was held to have misread the record and to have relied on a vague finding that the company was not operational. The appellate tribunal treated restoration as a remedial process that should favour revival where documents support continuation of the company's existence and operations. The refusal to restore the name was set aside and the matter was remitted for fresh consideration in accordance with law.

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Issues: Whether the rejection of the application for restoration of the company's name in the register was justified on the grounds that the company was allegedly inactive, had not shown sufficient proof of business operations, and had not made out a case for restoration under the statutory scheme.

Analysis: The application for restoration was examined in the context of the power to strike off and restore a company's name under the Companies Act, 2013. The record included balance sheets and other material relied upon to show that the company had assets and was carrying on business, while the objection from the Registrar proceeded on the basis of non-compliance and alleged absence of statutory filings. The impugned order was found to rest on a misappreciation of the material and a vague conclusion that the company was not operational. The statutory approach to restoration was treated as one that should favour revival where the circumstances and documents support continuation of the company's existence and operations.

Conclusion: The refusal to restore the company's name was set aside and the matter was remitted to the Tribunal for fresh consideration of the restoration application in accordance with law.

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