Authority: National Company Law Tribunal Chandigarh Bench (Court-I)

Order Date: 10 July 2026

Case Overview

The application was filed by Jatinder Singh, Member and Director of Elite Colonisers Private Limited (CIN: U70109PB2012PTC036138), under Section 252(3) of the Companies Act, 2013, seeking restoration of the company's name to the Register of Companies. The company was incorporated on 13 April 2012 with registered office in Amritsar, Punjab, and authorized share capital of ₹1,00,000. It engaged in real estate, property development, and colonization activities.

The company was struck off by the Registrar of Companies, Punjab and Chandigarh, on 11 September 2018 under Section 248 of the Companies Act for non-filing of financial statements and annual returns for financial years 2014-15 to 2017-18. The applicant contended that the default was inadvertent and that the company remained operational, conducting annual general meetings and maintaining active bank accounts throughout the period.

The Registrar of Companies confirmed the non-filing of statutory documents but did not oppose restoration subject to compliance. The Income Tax Department, through its standing counsel, stated it had no adverse observations against the proposed revival.

The tribunal examined whether the company was carrying on business or in operation at the time of striking off, as required under Section 252(3). It considered the company's submissions regarding continued operations, financial records, PAN details (AADCE0374P), and banking activities as evidence of being a going concern.

Final Outcome

The tribunal allowed the application and ordered restoration of Elite Colonisers Private Limited to the Register of Companies subject to the following conditions:

1. Payment of costs of ₹50,000 to the Prime Minister National Relief Fund within two weeks of receiving the certified order copy

2. Registrar of Companies to restore the company's original status and change its status from 'struck off' to 'active'

3. Company to file all pending statutory documents (annual accounts and returns) with prescribed fees within 45 days of restoration

4. Company to deliver certified copy of the order to ROC within 30 days

5. ROC may publish the order in Official Gazette at company's expense

6. Order does not preclude ROC from taking action for other violations committed by the company

7. Income Tax Department may take appropriate action for non-filing or belated filing of income tax returns and recovery of outstanding demands

The restoration is confined to violations that led to the striking off action, and the company must rectify all compliance defaults within specified timelines.

Topics: Company Restoration, Regulatory Compliance, Corporate Governance