Authority: National Company Law Tribunal, New Delhi Bench Court-VI

Order Date: 10 July 2026

Case Overview

The appeal was filed by Mr. Leejo Thomas, director of P.C. Microcom Limited, under Section 252(3) of the Companies Act, 2013, seeking restoration of the company's name which was struck off by the Registrar of Companies, NCT of Delhi and Haryana on 8 August 2018. The company was incorporated on 16 November 1994 as a public limited company with its registered office at Lotus Tower, Community Centre (Basement), New Friends Colony, New Delhi-110065. The main objects of the company included manufacturing, import, export, buying, selling, hiring of electronic items, computer parts, TV parts and ancillary products.

The striking off occurred due to non-filing of Financial Statements and Annual Returns for financial years 2015-16 to 2017-18. The appellant contended that this non-filing was not deliberate but due to inadvertent mistake and lack of coordination. Despite the non-filing, the company maintained its books of accounts and prepared Annual Returns, Audited Balance Sheets, Statements of Profit and Loss along with Reports of the Auditors and Directors since FY2016, with accounts duly audited by statutory auditors.

The company held substantial assets in the form of investments in unquoted shares worth ₹12,15,39,000 as of the date of striking off. The Registrar of Companies raised objections regarding the company's investments, noting that the Memorandum of Association did not explicitly include share trading as a main object and that financial statements did not disclose names of investee companies as required by Schedule III of the Companies Act, 2013. The appellant countered that Clause 13 of the ancillary objects in the MOA expressly empowered the company to invest in shares of other companies, and that statutory auditors had duly commented on these investments in their audit reports and notes to financial statements for FY2023.

The Income Tax Department, appearing as Respondent No. 2, filed a reply stating it had no objection to the restoration application, which was recorded by the Adjudicating Authority on 7 August 2025.

Final Outcome

The NCLT allowed the appeal and ordered restoration of P.C. Microcom Limited's name to the Register of Companies maintained by the ROC, subject to the following conditions:

  • Payment of cost of ₹25,000 for each financial year since 2015-16, totaling ₹2,50,000, to the Registrar of Companies
  • The ROC is directed to restore the original status of the company from 'Struck Off' to 'Active'
  • The company must file all pending statutory documents including Financial Statements and Annual Returns along with prescribed fees/additional fees within 45 days from the date of restoration
  • The company must submit a certified copy of the order to the Registrar of Companies within 30 days from receipt of the order

The restoration order places the company and all persons in the same position as if the name had never been struck off, with bank accounts (if frozen) to be de-frozen upon compliance.

Topics: Company Restoration, Regulatory Compliance, Corporate Assets