Authority: National Company Law Tribunal, Kochi Bench

Order Date: 17 July 2026

Case Overview

The appeal was filed by Mr. Hamza Pallikkara Abdulla Haji, shareholder (95%) and Managing Director of M/s. Indus Multi Business Centre Private Limited, against the Registrar of Companies (ROC), Ernakulam, under Section 252(3) of the Companies Act, 2013. The company was incorporated on 09 October 2003 (CIN: U50101KL2003PTC016525) with an authorized and paid-up capital of ₹50 lakh and registered office in Kozhikode, Kerala. Its principal object was trading in automobiles and spare parts.

The ROC struck off the company's name on 16 June 2017 via STK-7 notice due to non-filing of annual returns and financial statements after FY 2012-13. The appellant admitted the default but argued the company was operational with substantial assets, including property, plant and equipment valued at ₹2,23,56,805 as per audited FY 2026 statements. The company had pending income-tax proceedings for AY 2017-18 and owned immovable property requiring administration. Both shareholders (holding 100%) consented to restoration via affidavit.

The ROC's report confirmed the non-filing but raised no substantial objection to restoration. The tribunal found that although the company violated filing requirements under Sections 92 and 137, Section 252(3) allows restoration if the company was carrying on business or restoration is otherwise just. The audited financial statements showed the company recorded income, including a capital gain of ₹1,24,57,233 in FY 2016-17, and had ongoing business activities.

Final Outcome

The tribunal allowed the appeal and ordered:

1. ROC to restore the company's name to the register and change its status from "Strike off" to "Active".

2. Company to file all pending statutory documents (annual accounts and returns) within 45 days of restoration, with applicable fees/penalties as determined by ROC.

3. Company to pay a cost of ₹10,000 per financial year of default (from FY 2013-14 onwards) to the Bharat Kosh fund within 30 days.

4. Appellant to file a certified copy of the order with ROC Kerala within 30 days.

5. ROC to publish the restoration order in the Official Gazette after compliance.

6. ROC retains the right to take action for any other violations committed by the company.

Topics: Company Restoration, Statutory Compliance, NCLT Order