Authority: National Company Law Tribunal, Jaipur Bench (Hon'ble Ms. Reeta Kohli, Judicial Member and Hon'ble Ms. Kavita Bhatnagar, Technical Member)

Order Date: June 18, 2026

Case Overview

This appeal was filed by Mr. Sanjay Jain and Mr. Ankit Jain, directors of VNA Estates Pvt Ltd (CIN: U45201RJ2000PTC016710), under Section 252(3) of the Companies Act, 2013. The appellants sought restoration of the company's name to the Register of Companies maintained by the Registrar of Companies (RoC), Jaipur. The RoC had struck off the company's name on 31 December 2010 under Section 560 of the Companies Act, 1956, due to non-filing of statutory returns and the belief that the company was not carrying on business or in operation.

The appellants contended that the company was incorporated on 25 October 2000 with an authorized share capital of ₹30,00,000 and paid-up capital of ₹300. They claimed to have taken bona fide steps toward regularizing statutory compliances and prepared draft financial statements for financial years 2008-09 to 2024-26. The RoC, in its reply, confirmed the company had not made any statutory filings since incorporation and proceeded with strike-off after following the prescribed procedure under Section 560.

The Tribunal examined the provisional unaudited financial statements submitted for FY2008-09 to FY2025-26 and found they indicated the company was in operation prior to the strike-off date of 30 March 2011. While acknowledging the company's default in filing annual returns and financial statements, the Tribunal determined that restoration would serve the interests of justice, with defaults compensable through payment of late fees.

Final Outcome

The appeal was allowed, and the restoration of VNA Estates Pvt Ltd's name was ordered subject to specific conditions:

1. Prior submission of physical copies of financial statements for the intervening period from FY2008-09 to present to the RoC for format and content satisfaction

2. Payment of costs totaling ₹1,70,000 (calculated as ₹10,000 per financial year for 17 defaulted years from 2008-2009 to 2024-2025) to the Online Miscellaneous fee account of the Ministry of Corporate Affairs within three weeks of receiving the certified order copy

3. Filing all required documents and fulfilling all relevant statutory compliances within 30 days of name restoration

Upon restoration, the company will be deemed operational as if its name had never been struck off under Section 248 of the Companies Act, 2013. The RoC was directed to mark the DIN of the company's directors as 'Active'. The order also preserves the rights of other authorities (including the Income Tax Department) to determine and proceed against any liabilities of the company in accordance with applicable law.

Topics: Company Restoration, Regulatory Compliance, NCLT Order