Introduction

Prospect Legal is a trusted legal firm specializing in corporate and commercial law. Our team of experienced professionals assists businesses in navigating complex legal procedures, including the revival of struck-off companies. We provide strategic legal representation to help businesses regain their corporate identity through the National Company Law Tribunal (NCLT) appeals process. With our expertise, we ensure compliance with regulatory requirements and increase the likelihood of a successful revival.

Where You Can Find Remedies?

If your company has been struck off by the Registrar of Companies (RoC), you have the legal right to appeal for its revival. The National Company Law Tribunal (NCLT) is the primary adjudicating authority that hears such appeals under Section 252 of the Companies Act, 2013.

If your business is facing this challenge, Prospect Legal can guide you through the legal process and help you file an appeal before the NCLT. Contact us today for expert legal consultation and assistance.

Legal Protection Under Section 252 of the Companies Act, 2013

The Companies Act, 2013 provides legal recourse for businesses whose names have been struck off by the RoC. Section 252 outlines the conditions under which a company can be revived.

Section 252(1): When Can a Claim Be Filed?

• A company, its members, or creditors can appeal to the NCLT within three years from the date of striking off.
• The appeal must demonstrate valid reasons for non-compliance and provide evidence that the company was operational or intends to continue business.

Section 252(3): Powers of the Adjudicating Authority

• The NCLT has the authority to reinstate a struck-off company if it finds merit in the appeal.

The tribunal may impose conditions such as filing overdue financial statements and paying penalties before granting the revival.

Understanding the NCLT Appeal Process for Company Revival

When a company is struck off, it ceases to be a legal entity. However, the law provides two options for revival:

1. Voluntary Process (Initiated by the Company or Creditors)

• The company, directors, or shareholders can file an appeal before the NCLT within three years of the striking-off order.
• Creditors can also initiate the process if they can prove that the revival of the company is necessary for debt recovery.

2. Compulsory Process (Initiated by the Government or RoC)

• If the Central Government or RoC believes that the company was struck off due to an error or public interest considerations, they may file a petition for reinstatement.

Process of Remedy Through Prospect Legal

Our team at Prospect Legal provides a structured, step-by-step approach to handling NCLT appeals for company revival.

Step 1: Initial Consultation & Risk Assessment

• We assess the circumstances of your company’s striking-off and identify valid legal grounds for revival.
• Our experts review financial documents, compliance history, and business operations to determine the best legal strategy.

Step 2: Legal Documentation & Filing

• We draft and file a comprehensive petition before the NCLT, presenting evidence of business activity, tax filings, and compliance efforts.
• We ensure proper service of notices to the RoC and other relevant parties.

Step 3: Compliance & Negotiations

• We represent clients in hearings before the NCLT, addressing objections raised by the RoC or other stakeholders.
• If required, we negotiate compliance measures to satisfy tribunal requirements.

Step 4: Resolution & Final Actions

• Upon a successful appeal, we assist in completing all regulatory formalities, such as filing overdue returns and paying penalties.

We provide post-revival compliance support to ensure the company remains in good standing with the RoC.