Revival of Struck-Off Company — Section 252 NCLT Application and Process

When the Registrar of Companies (ROC) strikes off a company under Section 248 of the Companies Act 2013 (for not filing annual returns or not carrying on business), the company's name is removed from the Register of Companies. However, the company can be revived — restored to the Register — through an application to the National Company Law Tribunal (NCLT). Here is the complete guide to company revival.

Section 252 — Application for Revival

Under Section 252 of the Companies Act 2013, the following persons can apply to the NCLT for restoration of a struck-off company:

• The company itself
• Any member (shareholder) of the company
• Any creditor of the company
• The Registrar of Companies (in case of wrongful strike-off)

The application must be made within 20 years of the date of strike-off. After 20 years, revival is not possible.

Grounds for Revival

NCLT will restore the company if it is satisfied that the company was carrying on business at the time of strike-off, or that it is just and equitable to restore the name to the Register. Common grounds include:

• The strike-off was done without proper notice to the company
• The company had active business or assets at the time of strike-off
• Restoration is needed to pursue or defend legal proceedings
• Outstanding tax liabilities or compliance matters need to be resolved

Documents Required for Section 252 Application

• Company application on NCLT's standard form
• Copy of the strike-off notice from ROC
• List of pending compliances and annual returns/financials to be filed
• Affidavit from directors about the company's status at the time of strike-off
• Statement of affairs (assets and liabilities)
• Consent of members and creditors (if applicable)

NCLT Process and Timeline

After filing the petition with NCLT, the Tribunal issues notice to the ROC and may hear the matter. If satisfied, NCLT passes an order for restoration. The order is filed with the ROC, who restores the company's name to the Register and issues a fresh Certificate of Incorporation. NCLT proceedings typically take 3-12 months depending on the bench and complexity.

Post-Revival Compliance

After restoration, the company must file all pending annual returns, financial statements and pay all outstanding fees to bring its MCA compliance up to date. Compounding applications for past violations may also be required.

Conclusion

Revival of a struck-off company is possible through NCLT — but requires a well-documented petition and post-revival compliance drive. SPOTON handles Section 252 revival applications, NCLT filings and post-revival MCA compliance for companies across India. Contact us for expert company law and MCA compliance services.