Revival of a Struck-Off Company (NCLT Restoration)
If the Registrar of Companies has struck your company’s name off the register, the National Company Law Tribunal (NCLT) can put it back. Under Section 252 of the Companies Act, 2013, an aggrieved person can appeal within three years of the ROC’s order. The company, a member, a creditor or a workman can also apply within 20 years of the Gazette notice.
What it is
Revival of struck off company names is what the Companies Act calls restoration. The NCLT orders the name back onto the register, and the ROC issues a fresh certificate of incorporation. The Tribunal can also direct that the company and everyone dealing with it be put, as nearly as possible, back where they were before the strike-off.
The law is Section 252 of the Companies Act, 2013, read with Rule 87A of the NCLT Rules, 2016. You file the petition in Form NCLT-9 before the bench that covers your registered office: Chandigarh for a Haryana company, New Delhi for a Delhi company. After the order, the company files Form INC-28 with the ROC on the MCA V3 portal.
One change to watch: the Corporate Laws (Amendment) Bill, 2026, introduced in Lok Sabha on 23 March 2026, proposes that the Regional Director decide restoration applications made within three years of strike-off. Until it is passed and notified, the NCLT hears every case.
Who it applies to
Kept trading, still got struck off
Under Section 248(1), the ROC can strike off a company it believes has carried on no business for the two immediately preceding financial years. Picture a Faridabad auto-parts trader that kept filing GST returns but stopped filing AOC-4 and MGT-7. It can challenge the order.
Owed money by a struck-off company
A creditor, a member or a workman can apply under Section 252(3). Say a Ballabgarh supplier is owed money by a buyer whose company was struck off. It can apply to restore that company, then recover its dues.
Left holding property or a pending case
Think of a family company struck off while a plot was still in its name, or with a tax case still open. Restoration is the clean way to deal with either.
Who can apply and by when
Three routes, depending on who applies and when:
| Route | Who can apply | Time limit | What the NCLT looks for |
|---|---|---|---|
| Appeal under Section 252(1) | Anyone aggrieved by the ROC’s order, such as the company or a member | Within three years of the ROC’s order | The ROC’s grounds for strike-off did not exist |
| ROC’s own application (second proviso to Section 252(1)) | The Registrar of Companies | Within three years of the order dissolving the company | Struck off by mistake, or on wrong information from the company or its directors |
| Application under Section 252(3) | The company, a member, a creditor or a workman | Before 20 years from the Gazette notice under Section 248(5) | The company was in business or in operation when struck off, or restoration is otherwise just |
Here is the catch: a Section 252(1) appeal works only if the ROC’s grounds did not exist. Under either sub-section, bank statements and returns from before the strike-off decide the case.
Why it matters
Get the bank account working again
Banks freeze the accounts of a struck-off company. With the NCLT order and Active status on the MCA portal, the bank can lift the freeze, and salaries and suppliers get paid again.
Give directors a way back
Directors of a company that missed three continuous years of filings are disqualified under Section 164(2) for five years. Restoration does not lift this on its own, but the petition can ask the NCLT for directions on DINs.
Collect dues and answer claims
A restored company can collect what it is owed and defend claims against it.
Documents required
From the company
- Certificate of incorporation, MoA and AoA
- Copy of the ROC’s strike-off notice or the Gazette notice
- Board resolution authorising the petition
Proof the company was trading
- Audited financial statements for the years before the strike-off
- Bank statements showing transactions
- GST returns and income tax returns
- Invoices, rent agreement or other business records
For the petition and the ROC
- Petition in Form NCLT-9, verified by an affidavit in Form NCLT-6
- Authorisation for the person appearing before the Tribunal
- A director’s Digital Signature Certificate for MCA filings, to sign INC-28 and the pending forms
How it works
Check the route and the deadline
We read the ROC’s order and the Gazette notice, then work out whether you are inside three years (Section 252(1)) or 20 years (Section 252(3)).
Gather proof the company was trading
We collect bank statements, GST returns and income tax returns, and our online book-keeping team rebuilds missing accounts.
File the petition in Form NCLT-9
The petition, verified by an affidavit in Form NCLT-6, goes in on the NCLT e-filing portal with the ₹1,000 fee. It asks for every direction you need, including on bank accounts and DINs.
Serve the ROC and answer its report
A copy reaches the ROC, and anyone else the Tribunal names, at least 14 days before the hearing. The ROC’s report lists pending filings and any objections. We answer each point.
Argue the case and get the order
The Tribunal hears the ROC, the company and others concerned. In practice, the order comes with conditions: pay the ROC’s costs, and file all pending financial statements and annual returns within a fixed time.
File INC-28 within 30 days
We file a certified copy of the order in Form INC-28. The ROC restores the name, issues a fresh certificate of incorporation and publishes the order in the Official Gazette.
Clear old filings, then the bank and DINs
Every pending AOC-4 and MGT-7 goes in with the ₹100 per day additional fee, through our annual ROC compliance filing service. Then we take the order to the bank and sort out each director’s DIN.
Timelines
Appeal within three years
An appeal under Section 252(1) must be filed within three years of the ROC’s order. The ROC’s own application has the same limit.
Apply within 20 years
An application under Section 252(3) must be made before 20 years run out from the Gazette notice under Section 248(5).
File the order within 30 days
The order must reach the ROC in Form INC-28 within 30 days. Reaching an order takes longer: most petitions need about two to six months.
What happens if you leave it struck off
The company ceases to operate
Under Section 250, from the date in the Gazette notice, the company ceases to operate and its certificate of incorporation is treated as cancelled, except for recovering dues and paying liabilities.
Liability follows the directors
Strike-off does not wipe the slate. Section 248(7) keeps the liability of every director, officer and member alive, as if the company had not been dissolved.
The deadlines run out
After three years, the Section 252(1) appeal is gone and only Section 252(3) remains, with a heavier burden of proof. After 20 years, no route is left.
Frequently asked questions
How long does it take to revive a struck-off company?
Most petitions take about two to six months from filing to the NCLT order. Busy benches and slow ROC reports stretch it. After the order, INC-28 is due within 30 days, and pending returns within the time the Tribunal fixes, often 30 to 90 days. A complete petition with good evidence keeps you at the faster end.
What is the time limit for a restoration petition?
Three years for an appeal, 20 years for an application. The Section 252(1) appeal runs from the date of the ROC’s strike-off order. The Section 252(3) application, open to the company, a member, a creditor or a workman, runs from the Gazette notice. Close to the three-year mark? File now. The 20-year route asks for stronger proof, but it stays open.
Can a creditor apply to restore a struck-off company?
Yes. Section 252(3) lets a creditor or a workman apply, as well as the company and its members. The creditor must satisfy the NCLT that the company was in business when struck off, or that restoration is otherwise just. In April 2026, NCLT Ahmedabad restored a company on the Income Tax Department’s application to finish a pending reassessment. Creditors have a real route back to their money.
Which NCLT bench hears a Faridabad company’s case?
The NCLT Chandigarh bench, which covers companies registered in Haryana, including Faridabad and Gurugram. A Delhi-registered company goes to the New Delhi bench. What counts is the state of the registered office, not where the directors live. We prepare the petition, file it at the right bench and follow it through to the order.
What do we file with the ROC after the NCLT order?
Form INC-28, with a certified copy of the order, within 30 days of the order. The normal government fee is ₹200 to ₹600, depending on the company’s nominal share capital. The ROC restores the name, issues a fresh certificate of incorporation and publishes the order in the Official Gazette. Your MCA status then shows Active again.
Do we still pay late fees on old annual returns?
Yes. Each pending AOC-4 and MGT-7 carries its normal fee plus ₹100 per day of additional fee. The restoration order does not waive them. Relief has come only through Central Government schemes, the latest being CCFS-2026, which ran from 15 April to 31 August 2026 and has ended. We work out the exact figure for every form before you pay.
Will our directors’ DINs be reactivated automatically?
No. In April 2026, NCLT Ahmedabad held that restoration does not by itself remove a disqualification under Section 164(2). Benches have, when asked, directed DIN activation in the restoration order, so we include that request in the petition. A DIN deactivated for a missed DIR-3 KYC is reactivated by filing the KYC with the ₹5,000 fee. We check every director’s status before filing, so nothing is missed.
How do we get the company’s bank account unfrozen?
Take the certified NCLT order and the company’s updated MCA master data, showing Active status, to the bank. Some NCLT orders direct that bank accounts be de-frozen, which helps if a bank hesitates. We ask for that direction in the petition whenever the account matters. We also draft the covering letter, so the request is complete the first time.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
| Government fee or cost | Amount |
|---|---|
| Appeal or application under Section 252 before the NCLT | ₹1,000 |
| Form INC-28 (filing the order with the ROC) | ₹200 to ₹600, by nominal share capital |
| Each overdue AOC-4 or MGT-7 | Normal fee plus ₹100 per day of additional fee |
| DIN deactivated for a missed DIR-3 KYC | ₹5,000 per DIN |
| Costs payable to the ROC (Rule 87A(4)(c)) | As fixed by the NCLT |
The total turns on the years of pending filings, any audits due, the Tribunal’s costs and the number of hearings. In a ruling reported in September 2026, the NCLAT said restoration costs must be proportionate to the cost actually caused. CCFS-2026 has ended, so full additional fees apply.
Ready to begin?
Send us the ROC’s strike-off notice and your last filed accounts. We will tell you which Section 252 route fits, and what it takes to put your company back on the register.