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2025 Supreme(Online)(NCLT) 1267
NATIONAL COMPANY LAW TRIBUNAL
Shri Rammurti Kushawaha, Member (Judicial), Shri Yogendra Kumar Singh, Member (Technical)
M/s Beamon Technologies Private Limited – Appellant
Versus
The Registrar of Companies, North Eastern Region – Respondent
Company Petition CP No. 4/GB/2025
For the Applicants: Mr. N. Jain Gangwal, CS
For the Respondent: Mr. Dip Narayan Chowdhury, RoC, NER
Restoration of a company's name is justified if it was operational at the time of being struck off, requiring compliance with statutory obligations thereafter.
Headnote:(A) Companies Act, 2013 - Section 252(3) - Restoration of Company Name - Petition filed for restoration of a struck-off company’s name due to non-filing of returns - Company contended it was operational and non-filing was due to financial constraints and external disruptions - Tribunal found merit in the petition and ordered restoration upon compliance with statutory obligations. (Paras 1, 9, 8)
(B) Compliance - Requirement for restoration includes payment of costs for non-compliance and filing of pending documents - Tribunal emphasized the importance of adherence to statutory requirements for operational companies. (Paras 9.1, 9.5)
Facts of the case:
The petitioner sought restoration of its company name after it was struck off for failing to file annual returns and financial statements. The petitioner claimed operational status and provided reasons for non-compliance, including financial constraints and external disruptions.
Findings of Court:
The Tribunal found that the company was operational at the time of being struck off and ordered restoration, subject to compliance with statutory requirements.
Issues: Whether the company was operational at the time of being struck off and whether restoration was justified based on the circumstances presented.
Ratio Decidendi: The Tribunal ruled that restoration is warranted if the company was operational at the time of striking off, emphasizing the need for compliance with statutory obligations following restoration.
Result: The petition is allowed, restoring the company’s name in the register subject to compliance with conditions.
| Table of Content |
|---|
| 1. restoration petition filed due to non-filing of returns. (Para 1 , 2) |
| 2. court's observations on the operational status of the company. (Para 3 , 4 , 5 , 6 , 7) |
| 3. restoration granted under specific statutory conditions. (Para 8) |
| 4. final decision and conditions for restoration outlined. (Para 9 , 11) |
ORDER
1. This Company Petition has been filed under Section 252(3) of the Companies Act, 2013 (“Act”) by the Applicant, Mr. Nikhil Jain Gangwal, who is duly authorized person on behalf of the company herein seeking for restoration of the name of the company which has been struck off from the Register of the Companies maintained by the Registrar of Companies, NER vide Notice No. ROC/GHY/ 248(5)/STK-7/DriveIV/2022/1/912 dated 08.02.2022. The Petitioner prays for the following reliefs: -
a) The name of the Company namely M/s Beamon Technologies Private Limited be restored to the file and/or to the register of the Registrar of Companies, NER.
b) The respondent be directed to rectify the master data by changing the status from “Strike Off to “Active” within the specific time as this Tribunal may deem fit and proper.
c) An order be passed directing the respondent to place the name of the Company in the same position as if the name of the Company had not been struck off.
d) Injunction restraining the respondent whether by himself or by his servants or agents or assigns or otherwise howsoever from taking any step or further steps in terms of the Gazette of India Notification in any manner whatsoever.
e) Ad-interim order in terms of prayers above.
2. The averments made in the Petition are mainly to the following effect:
2.1 The name of the Company has been struck off pursuant to Section 248(5) of the Act on the ground that the Company has not filed its Annual Returns and Audited Financial Statements from 31st March, 2019 to 31st March, 2024. The RoC had duly issued public notice for Striking Off in form STK-7 dated 08.02.2022. Copy of the notice has been annexed as “Annexure -3” to the Petition.
2.2 The Petitioner Company was incorporated on 09.09.2015 vide CIN: U72900MN2015PTC008440. As per the details available on the MCA Portal, authorized capital of the company is Rs.1,00,000/- (Rupees One Lakh Only) - divided into 10,000 (Ten Thousand) equity shares of Rs.10/- each and the paid-up share capital of the company is Rs. Rs.1,00,000/- divided into 10,000 equity shares of Rs.10 each. There are two directors of the company-
| Directors | Percentage of Total Shares held |
| Ronald Soibam | 50% |
| Dhanabir Singh Yumnam | 50% |
2.3 The Petitioner Company is engaged in software development, SaaS, BPO, IT services, web development, IT consulting, hardware and networking solutions, digital marketing, e-commerce, social media marketing, animation, and advisory services. It also acts as an internet and wireless service provider and software reseller.
2.4 The Company has been active since its incorporation and has duly maintained the requisite documentation as per the provisions of the Act. Petitioner stated that although the Balance Sheet and Annual Returns were prepared and approved by shareholders on time, they could not be filed due to severe financial constraints caused by a sudden downturn in business and limited access to funding. Economic uncertainties and the COVID-19 pandemic worsened these challenges, impacting the company’s ability to meet statutory obligations. Lockdowns, supply chain disruptions, and revenue decline made compliance difficult, while work-from- home restrictions and resource shortages further hindered the filing process. Additionally, political unrest and riots in Manipur, where the company had critical operations, disrupted business activities and delayed compliance efforts. Despite efforts to file, the company was unable to do so as it was struck off the Register of Companies.
2.5 Petitioner further submitted that the Audited Financial Statements for the Financial Year ending 31st March, 2019 to 31st March, 2024 are also ready for filing
