Leon Erphran
Sims, And Ors Vs. Registrar Of Companies, (2020) 07 NCLT CK 0073
NCLT allowed the application
filed by the applicant, under Section 252(3) of the Companies Act, 2013 for
restoration of the name of the struck off company. While allowing the application
NCLT held that as submitted by the Applicant, it is seen from the records as
listed above that the Applicant Company has been functioning during the period
when the name of the company was "struck off". However, even though
it will not absolve the Applicant Company from filing the necessary returns and
documents and adhere to the provisions of Companies Act, 2013 as an onus is
placed on the Applicant Company to strictly comply with the provisions of
Companies Act, 2013 without any let. Thus, taking into consideration the
provisions of Section 252 of the Companies Act, 2013 which vests this Tribunal
with a discretion where the Company whose name has been struck off and such
Company is able to demonstrate that there is a running business as on the date
when the name was struck off and also keeping into consideration that it is
just, to restore the name of the Company in the register as it in the interest
of all the stakeholders including members of the Applicant Company, its
employees as well as the revenue and the petitioner itself seeks restoration of
the name of the Company in the register being maintained by ROC.
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