Authority: National Company Law Tribunal (NCLT), Allahabad Bench, Prayagraj
Order Date: 09th October, 2026
Case Overview
This hearing concerned Appeal No.06/ALD/2026 filed by Shubhasti International Private Limited & Anr. against the Registrar of Companies (ROC), Kanpur, under Section 252(1) of the Companies Act, 2013. The appeal was a petition for the restoration of the company's name to the register of companies. The company's name had been struck off by the ROC on 18th October, 2022, for its failure to comply with the requirement to file form INC-20A (a declaration for the commencement of business) within the stipulated time period.
The counsel for the appellant, Ms. Chhaya Gautam, informed the bench that the Income Tax Department had filed its report on 08th July, 2026, and that it had raised no objections to the company's restoration. She also pointed out that pursuant to an earlier order dated 03rd September, 2026, the ROC had been granted a final opportunity to file its report or reply, failing which its right to do so would be struck off.
Final Outcome
The bench noted that the ROC had failed to file any reply or report despite the final opportunity. Consequently, the ROC's right to file a reply/report was struck off. After hearing the matter, the two-member bench, comprising Hon'ble Member (Judicial) Sh. Praveen Gupta and Hon'ble Member (Technical) Sh. Ashish Verma, reserved its order. A final decision on the restoration appeal is pending.
Topics: Company Restoration, NCLT Proceeding, ROC Compliance