Authority: National Company Law Tribunal (NCLT), Ahmedabad Division Bench Court-II
Order Date: 10/07/2026
Case Overview
An appeal was filed by Anil Mistry under Section 252(3) of the Companies Act, 2013 against the Registrar of Companies (ROC), Gujarat, seeking to restore the name of Aanishka Construction Private Limited to the register of companies. The company, incorporated on 16/11/2010 (CIN U45200GJ2010PTC062927), had its name struck off by the ROC via a public notice (ROC/AHMD/248(5) STK-7/PUB/3) dated 25/10/2019 under Section 248(5) of the Act. The strike-off action was initiated on the grounds that the company had not been carrying on any business or operations for two immediately preceding financial years and had not applied for dormant company status. A public notice in Form STK-5 was published on 06/09/2019.
The appellant contended that the company was a going concern, actively carrying out business operations, and had never discontinued its business. It held financial assets, specifically investments in Minal Industries Limited totaling Rs. 10,28,16,143 in the form of equity shares acquired between FY 2018-19 and FY 2021-22. The appellant argued that without restoration, these shares would become unclaimed and be transferred to the Investor Education and Protection Fund (IEPF) under Section 125 of the Act. The company also stated it had subsisting financial obligations in the form of loans that needed to be discharged. The appellant undertook to file all pending statutory returns with the requisite fees.
The ROC, in its reply, confirmed the strike-off was a suo moto action under Section 248(1)(c) due to the company's failure to file statutory returns. The Income Tax Department, represented by Advocate Mr. Aman A Mir, reported no outstanding demands against the company. The Deputy ROC, Ms. Ishani Pandya, stated they had no objection to the revival subject to the company filing all pending Annual Returns and Balance Sheets.
Final Outcome
The NCLT bench allowed the appeal and ordered the restoration of Aanishka Construction Private Limited's name to the register of companies, effective as if the name had never been struck off. The restoration is subject to several conditions: 1) The company must file all pending statutory documents with prescribed fees within 30 days of restoration; 2) It must clear all outstanding dues, liabilities, and demands payable to the Income Tax Department; 3) The appellant must ensure personal compliance with the order; 4) A cost of Rs. 30,000 must be paid online via the MCA portal under 'miscellaneous fee'; 5) A certified copy of the order must be delivered to the ROC, Gujarat within 30 days; and 6) The ROC is directed to publish the order in the Official Gazette thereafter. The order does not preclude the ROC from taking action for any other violations committed by the company.
Topics: Company Restoration, Regulatory Compliance, Corporate Law