Padma Fabricators NCLT Restores Name with ₹8L Cost

Case Name: Padma Fabricators Private Limited & Ors. vs Registrar of Companies NCT of Delhi & Anr.

Court/Authority: National Company Law Tribunal, New Delhi Bench (Court-II)

Case Number: Company Appeal No. 70/252/ND/2025

Order Date: 22.05.2026

Period of Violation: Non-filing of statutory returns from financial year 2017-18 onwards

Petitioners/Appellants:

Respondents:

Legal Representatives:

For Appellant: Adv. Sanket Gupta
For IT Dept: Adv. Shlok Chandra SSC alongwith Madhavi Shukla and Naincy Jain JSC

Tribunal Members:

The company's name was struck off from the Register of Companies by ROC, NCT of Delhi and Haryana vide Public Notice ROC/DEL/248/STK-7/2341 dated 20.04.2022
The company had failed to file statutory returns and documents from financial year 2017-18 onwards
Last statutory filings were made for financial year 2016-17
ROC opposed restoration on grounds that company was not operational at time of strike-off based on financial statements
ROC raised objection on limitation with reference to prior notices issued under Section 248
Bank statements and income tax returns were not on record

The Tribunal found that the appeal filed on 16.04.2025 was within the prescribed limitation period of three years from the strike-off order dated 20.04.2022
The company owns valuable immovable property admeasuring 942 sq. metres situated at 22/11 SSGT Road, UPSIDC Industrial Area, Ghaziabad, acquired under lease deed dated 29.03.2008
The company holds a fixed deposit of approximately ₹11,00,000 with Union Bank of India
Cited precedent: Felpact (P.) Ltd. v. Registrar of Companies (2017) 4 Gau LR 433 - where company owns substantial immovable property, restoration may be warranted to prevent misuse, encroachment or dissipation of assets
Cited precedent: Mace Platronics Pvt. Ltd. v. ROC (2010) 104 SCL 277 (Del) - Tribunal retains power to restore company even where default is established, particularly where company is otherwise a running concern
The company had secured Expression of Interest dated 15.01.2025 from M/s Shashi Ranjan Enterprises Pvt. Ltd. for business alliance for warehouse operations and inventory management
Company was incorporated on 27.07.1988 under Companies Act, 1956 with authorized and paid-up share capital of ₹10,00,000
Company's main objects include manufacturing, fabrication, trading, import/export of industrial and engineering machinery, consultancy services, execution of turnkey projects
Company remained operational till 2006, then activities were impacted due to serious medical condition of Managing Director and COVID-19 period

Restoration ordered subject to payment of cost of ₹8,00,000 (Rupees eight Lakhs Only) to be paid to the Prime Minister's Relief Fund
ROC directed to restore status of company from "struck off" to "Active"
Company directed to file all pending statutory documents including Annual Accounts and Annual Returns in default along with prescribed fee/additional fee/fine within 45 days from restoration date
Company directed to submit certified copy of order to ROC within thirty days of receipt
Company directed to comply with provisions of Income Tax Act and CGST Act, 2017, and discharge all pending statutory dues pertaining to period during which name remained struck off
Bank accounts, if frozen, shall get defrozen after compliance

Company must file all pending statutory documents for financial years 2017-18 to 2023-24 (financial statements already prepared and placed on record)
Must pay all applicable fees, additional fees, and fines for late filing
Must comply with all provisions of Income Tax Act and CGST Act, 2017
Must discharge all pending statutory dues including for the period when company name was struck off

Appeal allowed with terms and conditions
Restoration order is confined to violations leading to striking off of name
Does not prevent Respondent from taking appropriate action for any other violations/offenses committed by company prior or during striking off period
Copy of order to be served to parties