In layman’s language, “strike off means” temporary closure of Companies or to remove or erase the name of the Company from the list of Companies with the Registrar of Companies. This is filing an application/appeal for such strike off companies for the revival of active status can be understood as revival of strike off Companies.
As per Section 252 of the Companies Act, 2013 read with Rule 87A of the National Company Law Tribunal (Amendment) Rules, 2017, the companies which are liable to be strike off from the register of companies if:-
Yes, if the promoter of the company is of the view that their company has been strike off from the register for any of the reason as stated supra and there is genuine justification that the default was unintentional and they are willing revival of the company, in that case they can file appeal to the concerned authority.
The appeal can be filed by any person aggrieved by the order of Registrar within 3 years from date of order of Registrar.
The appeal can be filed by Registrar on being satisfied that the name of the Company has been struck off from the Register of Companies either inadvertently or on the basis of incorrect information furnished by the Company or its Directors within 3 years.
The appeal can be filed by a Company, or any member or creditor or workman aggrieved by Company having its name struck off from the register of companies within 20 years from date the date of publication of notice of strike off in the Official Gazette
It is pertinent to mention that there must be valid grounds for the revival of company otherwise the authority may deny the revival of the company. The following are the possible grounds on which the revival of Companies can be done by National Company Law Tribunal (NCLT):
A person aggrieved by the order striking off the company, an appeal or application shall be made in format of NCLT 9 along with a demand draft of Rs. 1000/- in favor of “Pay and Accounts Officer, Ministry of Corporate Affairs” and following documents should form an indispensable part of the application or appeal:
A copy of petition shall be submitted to Registrar of Companies not less than 14 days before the date of hearing fixed with the Tribunal.
The Tribunal i.e. NCLT after hearing, shall pass an order striking off the name or restoring the name of the Company as it deems fit.
The Company shall deliver a certified copy of the order to the ROC within 30 days in eForm INC-28, and File pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made there under within such time as may be directed by the Tribunal.
The Company shall file the copy of order in form INC-28 with the ROC within 30 days from the date of the order and file all pending annual returns and financial statements in accordance with the order of NCLT