Authority: National Company Law Tribunal Chandigarh Bench, Court-II
Order Date: 07.07.2026
Case Overview
The application was filed by Ms. Navdeep Karwal, legal heir of shareholder of Karwal Photonics Private Limited, under section 252(3) of the Companies Act, 2013 read with Rule 87A of NCLT Rules, seeking restoration of the company's name to the Register of Companies.
The company was incorporated on 27.03.1987 under the Companies Act, 1956 with CIN U33111CH1987PTC007379. It had authorized share capital of ₹7,50,000 and paid-up capital of ₹10,000. The company was engaged in manufacturing panel meter digital, process controllers, automation systems, photolab equipment and electro-med equipment.
The Registrar of Companies reported that the company had filed annual returns and balance sheets only up to the financial year ending 31.03.1989. After issuing notices under section 560 of the Companies Act, 1956 and receiving no response, the RoC struck off the company's name from the register on 19.01.2012 and notified this in the Official Gazette.
The applicant argued that the non-filing was inadvertent without mala fide intention and that the company owns immovable property and assets worth several lakhs. The applicant undertook to file all pending statutory returns upon restoration.
Both respondents (Registrar of Companies, Punjab and Chandigarh and Income Tax Department) filed reports indicating no objection to the restoration. The Income Tax Department noted that the company had not filed any income tax returns but confirmed no proceedings were pending against it.
Final Outcome
The NCLT allowed the application and ordered restoration of the company's name 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 three weeks of receiving the certified copy of the order
2. The RoC shall restore the original status of the company as if the name had never been struck off
3. The applicant shall file all pending statutory documents including annual accounts and returns with prescribed fees within 45 days of restoration
4. The applicant shall deliver a certified copy of the order to the RoC within 30 days of receipt
5. The RoC may publish the order in the Official Gazette at the company's expense
6. This order doesn't prevent the RoC from taking action for any other violations committed by the company
7. The Income Tax Department may take necessary action for non-filing or belated filing of income tax returns
Topics: Company Restoration, NCLT Order, Statutory Compliance