Revival of Struck-Off Companies Through NCLT
Restore a company struck off by the Registrar through an NCLT appeal, with compliance clean-up and filings supported by our team.
Get Started Today
Revival of a struck-off company is the legal process of restoring a company whose name the Registrar of Companies has removed from the register, usually for not filing annual returns or financial statements. It matters to owners who still hold assets, bank accounts, property or contracts in the company name, and to creditors, members or workmen who need the company restored. Under Section 252 of the Companies Act, 2013, an appeal is made to the National Company Law Tribunal against the order striking off the name. Our team prepares the appeal and supporting papers, coordinates with a practising advocate for tribunal appearance, and brings pending compliance up to date.
Who provides this service: our team of Company Secretaries and compliance specialists.
Who Needs Revival of Struck-Off Companies?
- Owners who discover the company was struck off while it still holds property, a bank balance or contracts
- Promoters planning to restart a dormant business under the same company
- Creditors, members or workmen who need the company on the register to recover dues
- Directors who want to clear compliance defaults and restore the legal status of their company
- Buyers or investors who need the restoration of a target company before a transaction
Key Benefits
- We examine why the name was struck off and whether the grounds for an appeal are strong enough before you commit time and cost.
- The petition, affidavit and annexures are drafted for the tribunal, with facts presented clearly and documents indexed.
- Matters that need an advocate before the tribunal are handled through a practising advocate who appears for the company.
- Pending annual filings are reconstructed with a plan to bring them current once the order is passed.
- Post-order filings with the Registrar, such as notice of the tribunal order, are prepared so the company is properly restored on record.
- Guidance on director status, bank accounts and tax registrations after revival, so the restored company can function again.
How It Works
Case review and eligibility check
We review the strike-off order, the history of filings and the reason for default, and confirm who may appeal, whether the limitation period under the Act is still available and what the company wants to achieve.
Gather records and rebuild accounts
We collect the incorporation documents, bank and ledger records and any surviving books, then work out which financial statements and returns are outstanding so the appeal shows a credible plan to comply.
Draft the appeal and annexures
The petition setting out the facts, grounds and relief sought is drafted along with affidavits, board or member authority and annexures. A practising advocate reviews and signs the pleadings as required.
File before NCLT and attend hearings
The appeal is filed before the National Company Law Tribunal bench with jurisdiction over the Registrar. Notice goes to the Registrar and other parties, and our team prepares you for hearings through the advocate.
Comply with tribunal directions
If the tribunal restores the company, it may direct conditions, such as filing pending returns or paying costs. We track every direction and complete the compliance within the time given.
File the order and restore operations
The certified order is filed with the Registrar on the prescribed form, the name is restored on the register, and we help reactivate tax registrations, director status and banking.
Documents Required
- Certificate of incorporation, MOA and AOA
- Copy of the Registrar order or notice striking off the company name
- Last filed financial statements and annual returns
- Bank statements and ledgers for the defaulted period
- Details of assets, liabilities and pending litigation or claims
- PAN, TAN and GST registration details of the company
- Board or member authorisation for filing the appeal
- Identity and address proof of the directors and the appellant
- Proof of dues or interest of the appellant if a creditor, member or workman
Timeline and Fees
Indicative timeline: Preparation takes a few weeks. Tribunal listing, hearings and order timing depend on the bench and its schedule, so the overall process can run for several months.
Professional fee: The fee depends on how many years of filings are pending, how complete the company records are, the tribunal bench and the number of hearings, and advocate fees where representation is required. Tribunal and government charges are separate.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Delay in approaching the tribunal can put the right to appeal at risk because the Act sets a limitation period.
- A struck-off company cannot operate normally, and assets held in its name may be difficult to deal with.
- The tribunal may impose conditions or costs, and failing to comply with them can undo the relief granted.
- Directors of defaulting companies may face disqualification and loss of DIN, affecting their other directorships.
Frequently Asked Questions
Can a struck-off company be revived?
Yes. Section 252 of the Companies Act, 2013 allows an aggrieved person to appeal to the National Company Law Tribunal against the order striking off the company name. If the tribunal is satisfied that striking off was not justified or that restoration is just, it can direct that the name be restored to the register.
Who can file the application for revival?
The company itself, as well as a member, creditor or workman, can approach the tribunal if they are aggrieved by the strike-off order. The petitioner should be able to show a real interest, such as an asset in the company name, an unpaid claim or ongoing business, and explain why restoration is fair.
Is there a time limit for filing the appeal?
Yes. Section 252 sets a limitation period counted from the Registrar's order, and the rule has been amended in the past. Because delay can defeat an appeal, our team verifies the current limit against the order date before anything else, so that you know early whether the route is open.
Do I need to file pending annual returns before applying?
The tribunal will usually expect a credible plan to clear defaulted filings, and often directs that pending financial statements and returns be filed after restoration, sometimes with costs. Preparing the missing records in advance strengthens the appeal and speeds up compliance once the order is passed.
Will the directors face any consequences for the earlier default?
Persistent non-filing can lead to disqualification of directors and deactivation of their DIN under the Act, and these issues are separate from the revival itself. We review each director's status and advise on how it may be addressed once the company is restored or in parallel.
Is an advocate required for NCLT proceedings?
Appearing before the National Company Law Tribunal is a legal representation matter. Companies may be represented by an advocate or by an authorised professional as the rules allow, and pleadings need proper signatures. We handle the drafting and coordination and appoint a practising advocate wherever the law requires one.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
Related Services
Related Guides and Articles
Ready to Get Started?
Speak with a qualified professional about your revival of struck-off companies through nclt requirements.
Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.