Authority: National Company Law Tribunal (NCLT), Kolkata Bench

Order Date: 09/06/2026

Case Overview

This petition was filed by Mr. Sanjay Kumar Agarwal (96.25% shareholder) under Section 252(3) of the Companies Act, 2013 seeking restoration of Shiv Shakti Ferro Products Private Limited (CIN: U27310WB1990PTC049479) to the Register of Companies. The company was incorporated on 24th July 1990 with authorized capital of ₹20 lakh and paid-up capital of ₹2 lakh. The company's name was struck off on 13th October 2007 by the Registrar of Companies, West Bengal, for non-filing of balance sheets and annual returns since incorporation.

The applicant contended that the company could not commence commercial operations despite purchasing 3.51 acres of land and obtaining loan approval from West Bengal Financial Corporation, because it failed to receive approval for subsidized electricity from West Bengal State Electricity Distribution Company Limited. The petitioner claimed the ROC did not issue the mandatory notice under Section 560 of Companies Act, 1956/Form STK-1 as required under Section 248(1)(c) of Companies Act, 2013.

The ROC report confirmed the strike-off action was taken because the company had not filed statutory documents since incorporation and showed nil revenue from FY2001-02 to 2004-05. The ROC estimated pending filing fees of approximately ₹1.04 crore including additional fees for delayed filing, but did not object to restoration if the company committed to compliance.

Final Outcome

The NCLT allowed the petition and ordered:

  • Restoration of the company's original status from 'Struck Off' to 'Active'
  • Filing of all pending statutory documents including annual statements and returns for FY2001-02 to FY2023-24 within 45 days of restoration
  • Payment of cost of ₹1,00,000 to MCA through online payment
  • Delivery of certified order copy to ROC within 30 days
  • Publication of the order in the Official Gazette by ROC
  • The order does not preclude ROC from taking action for other violations committed by the company

Topics: Company Restoration, Regulatory Compliance, NCLT Order