Authority: National Company Law Tribunal Chandigarh Bench (Court-II)
Order Date: 30.06.2026
Case Overview
The application was filed by Bihari Builders & Infrastructure Private Limited (CIN U45200CH2008PTC031262) on 14.04.2026 under Section 252(3) of the Companies Act, 2013 read with Rule 87A of the NCLT Rules, 2016. The company was incorporated on 10.06.2008 under the Companies Act, 1956 with its registered office at SCO 104-105-106, Ground Floor, Sector 34-A, Chandigarh–160036. The company's objects included infrastructure development, real estate development, and construction.
The applicant company explained that it could not continue operations or comply with statutory filing requirements due to prolonged civil litigation concerning its substantial immovable property (approximately 12 Kanal 11 Marla in Village Kandla, adjoining Mohali Airport), severe financial distress, and personal hardship faced by management. The litigation has since concluded, and the company continues to hold valuable immovable assets with subsisting rights and liabilities.
The Registrar of Companies (Punjab & Chandigarh) reported that the company had failed to file statutory financial statements and annual returns, leading to action under Section 248 of the Act. After following proper procedure and issuing statutory notices, the company's name was struck off and published in the Official Gazette. The RoC indicated that if restoration is granted, the company should be directed to file all pending statutory documents with requisite fees and penalties.
The Income Tax Department (Ward 5(5), Chandigarh) reported that the company (PAN: AADCB5075C) has no outstanding demands pending and no proceedings are pending as of this date. The department stated they have no objection to the restoration but requested that the interest of Revenue be safeguarded.
Final Outcome
The NCLT allowed the application (CP No.34/Chd/Chd/2026) and ordered restoration of the company's name to the Register of Companies, subject to payment of costs of ₹50,000 to the Prime Minister National Relief Fund within three weeks. The tribunal issued specific directions:
1. The Registrar of Companies shall restore the original status of the company as if the name had never been struck off
2. The company shall file all pending statutory documents including annual accounts and returns with prescribed fees within 45 days of restoration
3. The company shall deliver a certified copy of this order to the RoC within 30 days
4. The RoC shall publish the order in the Official Gazette at the company's expense
5. This order doesn't prevent the RoC from taking action for any other violations committed by the company
6. The Income Tax Department may take necessary action for non-filing or belated filing of returns and recovery of any future demands
- Topics: Company Restoration, NCLT Order, Statutory Compliance