Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 18th September, 2026
Case Overview
The appeal was filed by Ganton Projects Private Limited (formerly Ganton Aviation Private Limited) and its director Ravindra Singh Chauhan against the order dated 11.03.2026 passed by the National Company Law Tribunal (NCLT), New Delhi Bench. The NCLT had ordered restoration of the company's registration subject to payment of ₹10,00,000 cost to the Registrar of Companies.
The company was incorporated on 07.09.2011 and had its name struck off from the Registrar of Companies on 07.06.2017 due to non-filing of statutory documents including balance sheets, annual returns, and income tax returns since incorporation. The company also had not registered its PAN on the Income Tax e-filing portal.
The appellant company had a financial liability of ₹1 crore arising from a settlement before the Delhi High Court in OMP No. 754 & 859 of 2011 dated 16.12.2011. Execution proceedings (EX-Execution No.124/2017) were pending before the District and Session Court, South Saket, New Delhi, where the appellant was a judgment debtor. The company argued that restoration was necessary to effectively participate in these pending legal proceedings.
The NCLAT found that while the company's plea of inadvertence and oversight for non-filing of statutory documents was unacceptable, the imposition of ₹10 lakh cost lacked rational basis and proportionality. The tribunal examined Rule 87A(4)(c) of the NCLT Amendment Rules, 2017, which requires cost imposition to be commensurate with actual costs incurred in the appeal or application.
Final Outcome
The NCLAT partially allowed the appeal and reduced the restoration cost from ₹10,00,000 to ₹5,00,000. The appellant was directed to pay the balance ₹3,00,000 after adjusting the ₹2,00,000 already deposited as per the interim order dated 21.05.2026. The restoration of the company's name in the Register of Companies was upheld.
Topics: Company Restoration, NCLAT Order, Compliance Cost