Revive a Struck-Off Company: Documents and Evidence
Most delay on Revive a Struck-Off Company comes down to paperwork that was not ready, so it is worth knowing what will be asked for. The questions below are the ones raised most often in practice; the full scope of the service is on the Revive a Struck-Off Company page.
What evidence does the NCLT expect to see that the company was 'carrying on business'?
The Tribunal expects documentary evidence, not assertions. Commonly accepted evidence includes bank statements showing transactions around or after the strike-off date, GST returns filed for the relevant period, invoices or purchase orders, employee salary records, lease agreements or utility bills in the company's name, and any other contemporaneous record showing the company was operational. The stronger and more contemporaneous the evidence, the more likely the Tribunal is to grant restoration.
In practice: We ask clients to gather every piece of documentary evidence before we draft the petition — not after. A petition filed with thin evidence and then supplemented piecemeal during hearings creates a weaker impression with the bench than one filed complete and well-organised from the outset.
What is the difference between restoring a company and simply incorporating a new one with a similar name?
Restoration brings back the exact same legal entity — same CIN, same PAN, same historical contracts, licences, and track record — as if the strike-off had never happened, subject to the compliance conditions imposed by the NCLT. A new incorporation creates an entirely separate legal person with a new CIN and PAN, no connection to the old entity's contracts, litigation, assets, or liabilities (which can be an advantage or disadvantage depending on the situation), and no automatic right to use the exact same name if it is not currently available on the MCA register.
In practice: We frame this choice as a straightforward cost-benefit question: what is the commercial value of the old entity's continuity versus the cost, time, and legal process of restoring it? For many small, asset-light shell companies, the answer favours fresh incorporation.
What documents does PNPC need to see before giving an opinion on whether restoration is viable?
At minimum: the Certificate of Incorporation, the RoC's strike-off order or the Gazette notification (or MCA master data confirming struck-off status and the relevant date), the last filed financial statements and annual returns before strike-off, and any available evidence of business activity around the strike-off date (bank statements, GST returns, contracts). With these, PNPC can give an initial view on limitation, likely evidentiary strength, and an approximate compliance backlog cost before recommending whether to proceed.
In practice: We prefer to give this initial assessment before any engagement fee is discussed — it helps the client decide, with real information, whether pursuing restoration makes commercial sense for their specific situation.
Does the NCLT ever refuse a restoration application even when the company was clearly carrying on business?
Yes, it is possible — the Tribunal exercises discretion and considers the totality of facts, including the quality and credibility of the evidence presented, whether the RoC or Regional Director raises a substantive objection, whether there is any suggestion of the company being used for an improper purpose, and whether the petition itself is properly drafted and supported. A poorly prepared petition with weak or contradictory evidence can be dismissed even where the underlying facts might otherwise support restoration.
In practice: This is precisely why we invest time in the evidence assembly and drafting stage before filing — a rushed or thin petition risks a negative order that then closes off (or significantly complicates) any further attempt.
What happens if the NCLT dismisses the restoration petition?
If dismissed, the company remains struck off. Depending on the grounds for dismissal and the remaining limitation period, a fresh petition with stronger evidence may be possible, or an appeal to the National Company Law Appellate Tribunal (NCLAT) against the NCLT's order may be considered. At that point, promoters typically need to weigh whether to pursue further legal remedies or accept the outcome and proceed with fresh incorporation for the underlying business purpose.
In practice: We assess appeal viability honestly rather than reflexively recommending an NCLAT appeal — sometimes accepting the outcome and starting fresh is the more pragmatic and cost-effective path forward.
Where this sits in the wider engagement
Revive a Struck-Off Company rarely arrives on its own. The statutory basis and the current requirements are set out on the Revive a Struck-Off Company service page, and the related services are grouped under Conversion Closure.
What PNPC does
PNPC Global has practised since 1986 across India and the UAE. On Revive a Struck-Off Company we take the work end to end — reviewing the facts, preparing and filing what is required, and dealing with the authority through to closure.