Authority: National Company Law Tribunal, Indore Bench (Court No. 1)

Order Date: 16 June 2026

Case Overview

The petition was filed by Mr. Dhirendra Dubey and Mr. Nikhil Kuber Dubey, equity shareholders (each holding 500 shares, 50% of paid-up equity) of M/s. Peacock Farms and Properties Private Limited (CIN: U01300MP1988PTC004699), under Section 252(3) of the Companies Act, 2013. The company was incorporated on 08 July 1988 and had its name struck off from the Register of Companies on 01 June 2005 by the Registrar of Companies (ROC), Madhya Pradesh, Gwalior, for non-filing of statutory returns. The strike-off was published in the Official Gazette on 11 June 2005.

The petitioners submitted that they became aware of the strike-off only when a prospective investor approached to purchase land owned by the company. They argued that the failure to file returns was neither intentional nor malafide, and they were unaware of the striking-off proceedings. The company owns immovable property (land measuring 0.1860 hectare in village Khudaganj, Khasra No. 59/1/3 (S), 60 and 61, Madhya Pradesh) purchased under a registered sale agreement dated 31 August 1988, and restoration is necessary to protect shareholder interests and the company's substratum.

The ROC filed a report dated 21 April 2026, raising a preliminary objection on limitation, contending that the 20-year limitation period under Section 252(3) expired on 11 June 2025. The petitioners countered that the limitation period was extended by the Supreme Court's order in Suo Motu Writ Petition (Civil) No. 3 of 2020, which excluded the period from 15 March 2020 to 28 February 2022 (approximately 713 days) due to COVID-19, making the effective expiry date 24 April 2027. The petition, filed on 06 February 2026, was within limitation.

The Income Tax Department, represented by counsel Ms. Yashika Bondwal, had no objection to the restoration provided the company complies with all statutory obligations under the Income Tax Act, 1961, including obtaining a PAN and filing overdue returns. The petitioners submitted an affidavit of undertaking dated 13 June 2026 to this effect.

Final Outcome

The Tribunal allowed the petition, ordering the restoration of the company's name subject to conditions:

  • The ROC, Madhya Pradesh (Gwalior), is directed to restore the company's name forthwith upon compliance with conditions.
  • The petitioners/company must file all pending statutory documents (annual returns and balance sheets) for all financial years with applicable fees, fines, and penalties within 60 days from the order date.
  • The petitioners must deposit the cost of publication of the order in the Official Gazette with the Pay & Accounts Officer, Ministry of Corporate Affairs, Mumbai, within 30 days and submit proof.
  • The petitioners must publish a notice of the order in one widely circulated English newspaper (nationwide) and one Hindi/vernacular newspaper (Madhya Pradesh-wide) within 30 days at their own expense and submit proof to the ROC.
  • The petitioners must pay a cost of ₹200,000 to the Consolidated Fund of India via the Bharat Kosh portal within 30 days and submit proof to the ROC.
  • The restoration will place the company and all persons in the same position as if the name had never been struck off, per Section 252(3).
  • The order does not preclude the ROC from taking action for any violations or offences committed by the company before or during the strike-off period.

Topics: Company Restoration, NCLT Order, Statutory Compliance