Strike-off Company Revival

Overview

When the Registrar of Companies removes a company's name from the register under Section 248, the company is treated as dissolved and can no longer operate, even though it may still own property, hold contracts or have a bank balance. Section 252 of the Companies Act, 2013 lets an aggrieved person ask the National Company Law Tribunal (NCLT) to restore the name. If the Tribunal is satisfied, it orders the company back on the register, after which the company must catch up with its overdue filings.

Who needs it

• A company struck off for not filing AOC-4 and MGT-7 for two consecutive financial years, or for not starting business, and which still has assets or contracts.
• A company that applied for voluntary strike-off and later needs to resume.
• A creditor, member or workman of a struck-off company who wants it restored.
• Owners who found their bank account frozen or their property blocked after a strike-off.

What Zenith does

We listen to the history first: why the name was struck off, when, and what the company still owns. We then check limitation and the evidence of continuing business, and share an assignment-specific checklist. Your relationship manager prepares overdue financial statements and annual returns, the petition papers and affidavit, and coordinates with an advocate or authorised professional for appearance before the NCLT, since representation before the Tribunal is done only through authorised professionals. After the order we handle INC-28 and the follow-up filings. We cannot promise that the Tribunal will restore the company. Timelines depend on completeness, complexity and Tribunal processing.

Eligibility and key rules

• Grounds on which names are struck off include no commencement within one year, no business for two financial years (in practice, no AOC-4 and MGT-7 for two years), and failure to file INC-20A.
• The petition goes to the NCLT. The sources read describe the limitation differently: up to 3 years from the Registrar's order for an aggrieved person, and up to 20 years from the Gazette notice of strike-off for the company, a member, a creditor or a workman. Zenith confirms which applies to your facts before anything else.
• The Tribunal looks for proof that the company is a going concern or that restoration is just: immovable property, tax and GST compliance, active bank transactions, licences renewed each year and similar evidence.
• Strike-off for fraud or by a disqualified management is harder to restore, and pending dues and penalties must be cleared.
• The Registrar can also apply where a name was struck off by mistake or on incorrect information.

Documents required

• Order or notice of strike-off, certificate of incorporation, MOA and AOA.
• Audited financial statements for the years since the last filing.
• Bank statements and other proof of continuing business.
• Affidavit verifying the petition, board resolution authorising the advocate, memorandum of appearance.
• Identity and address proof of directors.
• Property, licence or tax records supporting the company's position.

Process and timeline

1. Establish the strike-off basis and date and confirm limitation.
2. Bring overdue financial statements and returns up to date in draft.
3. Prepare the petition, affidavit and annexures; file with the NCLT with the prescribed fee.
4. Give a copy to the Registrar before the hearing, normally not less than 14 days ahead.
5. Attend hearings and answer queries from the Tribunal.
6. On a restoration order, file the certified copy in Form INC-28 within 30 days.
7. File the pending financial statements and annual returns within the time the Tribunal directs.
8. Reopen bank accounts, update records and resume compliance.

Timelines depend on completeness, complexity and Tribunal processing.

Government fees, penalties and due dates

• A fee of ₹1,000 for the petition is mentioned in the public source read; other filing fees vary.
• INC-28 is due within 30 days of the Tribunal order.
• Overdue annual returns carry additional fees as multiples of the normal fee, rising with the delay.
• The Tribunal commonly orders costs, in some benches reported at ₹25,000 or more, and may impose conditions.

Amounts and dates above reflect public sources read in October 2026 and change with notifications, so Zenith confirms the current figures in your quotation.

Common mistakes

• Ignoring limitation until it is nearly over.
• Starting without checking which filings are overdue.
• Weak evidence that the company is a going concern.
• Treating the revival as automatic after filing the petition.
• Missing the 30-day INC-28 window after the order.
• Not filing the pending returns the Tribunal directs.

FAQs