Authority: National Company Law Tribunal, Kolkata Bench, Court-I (Smt. Bidisha Banerjee, Member (Judicial) and Ms. Rekha Kantilal Shah, Member (Technical))
Order Date: 13 July 2026
Case Overview
This proceeding involved a petition filed under Section 252(3) of the Companies Act, 2013 by Mr. Pradeep Kumar Yadav, a shareholder of Pyramid Suppliers Private Limited (CIN: U51909WB2008PTC127840). The company's name had been struck off from the Register of Companies by the Registrar of Companies (ROC), Kolkata I on 11 February 2022. The petitioner contended that the company had failed to file its Financial Statements and Annual Returns for the financial years 2018-19 through 2024-25. This default was stated to be neither wilful nor deliberate but due to circumstances beyond the company's control. It was further argued that the company continued to exist, maintained its registered office at 9/12 Lal Bazar Street, Mercantile Building, Block B, 3rd Floor, R N 10, Kolkata - 700001, and possessed assets, specifically a commercial property with an aggregate market value of approximately ₹1,55,08,278. The petitioner argued that not restoring the company would cause irreparable loss and injury. The ROC, Kolkata I, submitted a report dated 18 May 2026 confirming the strike-off was done after complying with Section 248 requirements but did not object to the restoration application.
Final Outcome
The NCLT allowed the petition (C.P. No. 43/KB/2026) and issued the following directions: 1) The ROC, Kolkata I is directed to restore the original status of the company as if its name had never been struck off, changing its status from 'Struck Off' to 'Active'. 2) The company is directed to file all pending statutory documents, including Annual Accounts and Annual Returns, along with the prescribed fees/additional fee/fine as decided by the ROC, within 45 days from the date of restoration. 3) The restoration is subject to the payment of a cost of ₹75,000 (Seventy Five Thousand Only) through an online payment on www.mca.gov.in under Miscellaneous Fee, with the specific mention: "Payment of cost for restoration of company pursuant to orders of NCLT in C.P. No. 43/KB/2026". 4) The petitioner must deliver a certified copy of this order to the ROC, Kolkata I within thirty days of receipt. The order clarifies that it is confined to the violations leading to the strike-off and does not preclude the ROC from taking appropriate action for any other violations committed by the company before or during the period its name was struck off.
Topics: Company Restoration, Statutory Compliance, NCLT Order