Do You Need Revival & Restoration of Struck-Off Companies (NCLT)? A Practical Starting Point
A company struck off the MCA register does not simply disappear — its bank accounts freeze, its contracts become unenforceable in its own name, its directors carry the disqualification shadow, and its assets sit in limbo. If the strike-off was wrongful, premature, or the business has genuine reason to continue, Section 252 of the Companies Act 2013 gives you a route back — a petition to the National Company Law Tribunal (NCLT) for restoration. PNPC has guided directors and promoters through NCLT revival petitions since 1986 — from the first eligibility assessment through the restoration order, the compliance regularisation that follows, and the return to good standing.
Understanding the Service
When the Registrar of Companies (RoC) strikes off a company's name under Section 248 of the Companies Act 2013 — either compulsorily (Section 248(1), typically for prolonged non-filing or non-operation) or on the company's own voluntary application (Section 248(2), Form STK-2) — the company's name is removed from the Register of Companies and it ceases to exist as a legal entity from the date of the notification in the Official Gazette. Revival and restoration is the legal remedy that reverses this: an application or appeal to the National Company Law Tribunal (NCLT) under Section 252 of the Companies Act 2013, seeking an order that the company's name be restored to the Register as if it had never been struck off.
Section 252 provides two distinct routes.
For the full scope, current process and what PNPC includes, see the dedicated Revival & Restoration of Struck-Off Companies (NCLT) service page.
When You'd Need This
- Company was actually carrying on business (had transactions, contracts, employees, or bank activity) at the time it was struck off — but failed to respond to RoC notices due to an address change, a lapse by a former consultant, or genuine oversight
- Company holds valuable assets — immovable property, investments, intellectual property, or a bank balance — that cannot be accessed, transferred, or distributed while the company remains struck off
- Company has pending litigation as a party (plaintiff or defendant) that cannot proceed while the company does not legally exist — restoration is necessary to continue or defend the case
- A creditor is owed money by the struck-off company and needs the company restored to pursue recovery, or a bank/NBFC needs the borrower entity restored to enforce security or recovery proceedings
What This Doesn't Cover
- The company genuinely had no operations, no assets, and no ongoing purpose when it was struck off — reviving it only to voluntarily strike it off again achieves nothing and wastes the NCLT filing cost, professional fees, and time
- The compliance backlog (years of unfiled AOC-4, MGT-7, ITR, GST returns) is so extensive that the cumulative regularisation cost and penalties exceed the cost and speed of simply incorporating a fresh company for the same business purpose
- More than 20 years have passed since the strike-off notification — the outer limitation period under Section 252(3) has lapsed and no NCLT application can be entertained regardless of merit
Common Questions
What does it mean when a company is 'struck off' by the RoC?
Strike-off is the process under Section 248 of the Companies Act 2013 by which the Registrar of Companies removes a company's name from the Register of Companies, extinguishing its legal existence from the date of publication in the Official Gazette. It can happen compulsorily under Section 248(1) — typically when the RoC believes the company is not carrying on business or has failed to respond to statutory notices — or voluntarily under Section 248(2), where the company itself applies via Form STK-2 after meeting the eligibility conditions. Once struck off, the company can no longer transact, its bank accounts are generally frozen, and its contracts become difficult to enforce in its own name.
What is the legal basis for reviving a struck-off company?
Section 252 of the Companies Act 2013 is the governing provision. Section 252(1) allows the company, a member, or a creditor aggrieved by the strike-off to appeal to the NCLT within 3 years of the RoC's order, on the ground that the strike-off was not justified. Section 252(3) allows the company, a member, or a creditor to apply to the NCLT for restoration on the ground that the company was, at the time of striking off, carrying on business or otherwise in operation — this route has a much longer limitation window of 20 years from the date of the Gazette publication.
How long do I have to file a restoration petition?
It depends on the ground. Under Section 252(1), an appeal must be filed within 3 years from the date of the RoC's strike-off order. Under Section 252(3), an application can be filed within 20 years from the date of publication of the notice of strike-off in the Official Gazette. Beyond 20 years, no restoration application under Section 252 can be entertained regardless of the merits.
Getting This Right From the Start
Before you file anything with the NCLT, talk to a PNPC Chartered Accountant. We will tell you honestly whether restoration is worth pursuing, what it will really cost once the compliance backlog is included, and the realistic timeline — in writing, before any engagement begins.
PNPC Global has advised Chennai, Bangalore and Hyderabad businesses since 1986. Explore the full Conversion & Closure practice for related services, or go straight to the Revival & Restoration of Struck-Off Companies (NCLT) page for specifics.
Specific rates, fees, thresholds and deadlines are set by the relevant authority and change over time — this article deliberately does not quote figures that could go stale. Confirm current numbers directly with PNPC or the official source before you act.