A company struck off by the ROC can be restored by the National Company Law Tribunal under Section 252 of the Companies Act, 2013. The company, a member or creditor, or a workman can appeal, generally within three years of the strike-off order, and creditors and certain others can apply up to 20 years in specified cases. After the NCLT order, pending filings are completed and the order is filed with the ROC.
Why companies get struck off
- Non-filing of returns for consecutive years
- Failure to commence business
- Voluntary strike-off later regretted
Process
- Prepare appeal with grounds and evidence of operations.
- Serve notice to the ROC.
- ROC files its report.
- NCLT hearing and order.
- File order with ROC and complete pending filings with fees.
Evidence
Bank statements, tax returns, contracts and invoices showing business activity.
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The company is deemed to have continued as if never struck off, subject to NCLT directions.
Frequently asked questions
Can a struck-off company operate bank accounts?
Bank accounts are typically frozen after strike-off until restoration.
Are directors disqualified?
Directors of defaulting companies may be disqualified; restoration and compliance can help remove disqualification.
How long does revival take?
Commonly a few months depending on NCLT schedules.
Is it cheaper to form a new company?
Sometimes, but revival preserves contracts, assets and history.
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