Authority: National Company Law Tribunal, Kolkata Bench (Court-I)
Order Date: 14 July 2026
Case Overview
The Registrar of Companies (ROC), Jharkhand, filed an appeal under Section 252 of the Companies Act, 2013 seeking restoration of M.V. Machino Fabco Private Limited (CIN: U229113JH2012PTC000314) to the register of companies. The company's name had been struck off during one of three mass striking-off drives conducted by the Ministry of Corporate Affairs (MCA) to remove non-functional companies that had failed to file financial statements or annual returns for two consecutive years. The ROC admitted that the striking off was inadvertent, as the company had open charges pending for satisfaction that were not detected during the automated process. The MCA-21 portal's system generated lists mechanically without sufficient manual verification or internal checks. The Ministry, upon analyzing pan-India data, identified several companies in similar situations and directed the ROC via letter dated 10 December 2021 to file applications for restoration. The company itself did not file any reply affidavit in the proceedings.
Final Outcome
The NCLT allowed the appeal and ordered the restoration of M.V. Machino Fabco Private Limited's name to the register of the Registrar of Companies, Jharkhand. The ROC was directed to change the company's status from "struck off" to "active" within 30 days of receiving the order. The tribunal disposed of the appeal with no order as to costs.
Topics: Corporate Restoration, Regulatory Error