Authority: National Company Law Tribunal Allahabad Bench, Prayagraj

Order Date: 09th October, 2026

Case Overview

The National Company Law Tribunal (NCLT) Allahabad Bench heard Company Petition No. 45/ALD/2026 filed by Shakunta Packers Private Limited against the Registrar of Companies (ROC), Uttar Pradesh, and another respondent under Section 252(3) of the Companies Act, 2013. This section pertains to appeals against removal of a company's name from the register of companies.

The petition represents an attempt by Shakunta Packers Private Limited to seek restoration after its name was struck off from the official register on 11th August, 2007. The hearing addressed procedural delays in obtaining necessary reports from regulatory authorities. The Registrar of Companies had failed to submit its report despite previous opportunities, while the Income Tax Department reported inability to file its report due to the petitioner company's lack of a Permanent Account Number (PAN) card.

The Tribunal noted that the company has been non-existent in official records since its strike-off 19 years prior and requires clarification on whether it conducted any business activities or generated income during this period, and whether any tax returns were filed for relevant financial years.

Final Outcome

The NCLT granted a final two-week extension to the Registrar of Companies to file its report, with advance copy to be supplied to other parties. The Tribunal explicitly stated this would be the "last opportunity" and failure to comply would result in striking off the ROC's right to file the report.

The petitioner company was directed to file an affidavit within two weeks clarifying: (1) whether the company was doing any business during the relevant period, (2) whether any income was generated by the company, and (3) whether any income tax returns were filed for relevant financial years. An advance copy of this affidavit must be supplied to the Income Tax Department.

The matter has been adjourned and listed for next hearing on 19th November, 2026.

Topics: NCLT Proceedings, Company Restoration, Regulatory Compliance