Shila Builders And Developers Private Limited
Vs. Registrar Of Companies Nct Of Delhi And Haryana And Ors, (2020) 07 NCLT CK
0032
NCLT allowed the appeal 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 it has
been in operation since incorporation and during the period preceding strike
off, therefore it could not be termed as a defunct company as per section 252
of the Act. Thus, taking into consideration the provisions of Section 252(1) 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 in consideration that it is just to do so, can
restore the name of the Company, in the Register and in the interest of all
stakeholders, including the Appellant itself, who seeks restoration of the name
of the Company in the register.
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