How to Appeal to NCLT against Strike Off?

 According to Companies Act 2013, Strike Off means removing the name of the Company from the Register of Companies maintained by the Registrar of Companies. It’s a kind of temporary closure of Companies which is an alternative to winding up of the Company, where the Company has the option to get itself revived within twenty years from the date of strike-off.

 Strike off by the ROC under Section 248(1) of the Companies Act 2013,

The Registrar of Companies is permitted by Section 248(1) of the Companies, 2013  the name of  the Company on the below-listed grounds:

1. Grounds of Removal by ROC:

• The company has failed to start its operations within one year from incorporation.
• The company is not carried on any operations or business for 2 financial years.
• Revealed from the physical verification of its registered office the Company is not carrying on any business.
• Where a declaration, to the effect that subscribers to the memorandum have not paid the subscription money, has not been filed within 180 days.

2. Application for the striking of the Company can be filed by:

• The Registrar of Company having respective jurisdiction.
• The Company 

The Registrar of Company has sent a notice to all the companies not adhering to the rule and regulations of the company act. 

For Example, If companies are not filing annual or financial returns for a continuous period of three financial years from 2013-2014 to 2015 – 2016.

According to Section 252 of the company act, all the struck–off companies can approach NCLT for a revival of the struck-off company against the order of ROC.

As per Section 252(3), below-mentioned conditions are required to be satisfied before exercising jurisdiction for restoration of the company to its original name on the register of the Registrar of Companies namely:

1. That the company at the time of its name was struck off was carrying on business or
2.  It was in operation, or
3.  Just that the name of the company be restored on the register.

3. In case ROC struck off the Company, appeal to Tribunal for revival can be made by:

• Company itself
• Member
• Creditor
• Workman

Provided that the application shall be made before the expiry of twenty years from the date of publication in the Official Gazette of the notice for striking off the name of the Company.

Procedure for filing the appeal before the NCLT

4. Procedure to appeal before National Company Law Tribunal (NCLT):

• An Appeal/Application for a revival of Companies shall be made in Form No. NCLT 9 to the respective Tribunal having jurisdiction over the concerned Registrar along with a demand draft of Rs. 1000/- in favor of “Pay and Accounts Officer, Ministry of Corporate Affairs”. 

• Registrar and other persons as the NCLT may direct (eg: Income tax) shall be served with a copy appeal or application.
• The hearing shall be scheduled before the Tribunal.
• Where the Tribunal makes an order for restoration of name of the Company, it may direct:

• to deliver to the ROC a copy of this order.
• For filing pending annual returns and financial statements.
• pay to the ROC his requisite costs

Further, the application to restore the name of the Company shall be filed with the following attachments exhibiting that the Company was actually in operations :

1. Available signed balance sheets.
2. Latest bank statements
3.  Board Minutes/AGM Minutes
4. Copy of acknowledgments paid concerning TDS/PF/ITR/Gratuity by the Company.
5. Copy of latest sales bills/invoices
6. Any other evidence/govt. document as may be given by the Company that it is a going concern as on date.