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The NCLAT held that the limitation period under Section 252(3) of the Companies Act, 2013, allowing up to twenty years for a company, member, creditor, or workman to apply for restoration of a company's name struck off the Register of Companies, applies when a member files the appeal. The appellant company, owning substantial property valued at Rs. 6 crores, demonstrated that non-restoration would cause irreparable loss and contradict public policy. The Tribunal found the NCLT's application of a shorter limitation period incorrect and deemed it just and equitable to restore the company's name. Consequently, the impugned NCLT order was set aside, and the ROC was directed to restore the company's name upon fulfillment of requisite compliances. The appeal was allowed.
The NCLAT held that the limitation period under Section 252(3) of the Companies Act, 2013, allowing up to twenty years for a company, member, creditor, or workman to apply for restoration of a company's name struck off the Register of Companies, applies when a member files the appeal. The appellant company, owning substantial property valued at Rs. 6 crores, demonstrated that non-restoration would cause irreparable loss and contradict public policy. The Tribunal found the NCLT's application of a shorter limitation period incorrect and deemed it just and equitable to restore the company's name. Consequently, the impugned NCLT order was set aside, and the ROC was directed to restore the company's name upon fulfillment of requisite compliances. The appeal was allowed.
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