A company struck off for non-compliance with Section 10A may be restored under Section 252(3) if it can demonstrate through financial statements and tax returns that it was actively carrying on business, especially when defaults were influenced by extraordinary circumstances like the COVID-19 pandemic.

ORDER

1. The present Appeal (Application) has been filed on 02.07.2025 under Section 252(3) of the Companies Act, 2013 (Act) by Doveryat Logisitics Solutions Private Limited through its Directors and Shareholders, to restore the name of the Appellant in the register of companies maintained by the Registrar of Companies, Mumbai (RoC).

2. The facts and events that led to the filing of the present Appeal are as follows:

2.1 The Appellant was registered as a private limited company under the Act on 11.02.2020. The authorised share capital of the Company is Rs.5,00,000/-, and Paid-up share capital is Rs.10,000/-.

2.2 It is submitted that the Company has been carrying on its business activities and has generated revenue from its operations. In support thereof, the Appellant has placed on record the audited financial statements for the Financial Years 2020-2021, 2021-2022, 2022-2023 and 2023-2024, along with the Income Tax Returns for the said period.

2.3 The Appellant submits that the Respondent issued a notice in Form STK-1 dated 07.07.2022 under Section 248 of the Act proposing to strike off the name of the Company on the ground that the Company had failed to comply with the provisions of Section 10A of the Act by not filing Form INC-20A within the prescribed period. The Appellant submits that the omission to file Form INC-20A was inadvertent and was neither deliberate nor intentional.

2.4 It is further submitted that the Company was incorporated shortly before the outbreak of the COVID-19 pandemic, which severely affected its business operations. Owing to the nationwide lockdowns, shortage of manpower and restrictions on inter-state transportation, the Company, which is engaged in the transportation and logistics business, encountered considerable operational difficulties during its initial years. These circumstances resulted in the delay in complying with certain statutory requirements.

2.5 The Appellant submits that, notwithstanding the aforesaid difficulties, the Company has continued its business operations and has generated substantial revenue. It is further submitted that the Company has regularly filed its Income Tax Returns and employs several persons whose livelihood depends upon the continued operation of the Company. It is contended that the striking off of the Company's name has seriously prejudiced its business operations and adversely affected the interests of its stakeholders.

2.6 The Appellant further submits that the promoters/shareholders have duly contributed the subscription money towards the shares subscribed by them at the time of incorporation, and the relevant bank statement evidencing such payment has been placed on record. The Appellant has also prepared the financial statements for the Financial Years 2020-2021 to 2023-2024 and undertakes to file Form INC-20A, the pending Annual Returns, Financial Statements and all other statutory filings, together with the applicable fees and additional fees, upon restoration of the name of the Company.

2.7 Accordingly, the Appellant is seeking restoration of the name of the Company in the Register of Companies, contending that such restoration is just, equitable and in the interest of all stakeholders.

3. Submissions of the Respondent /RoC

3.1. The Respondent has filed a report dated 17.09.2025 and submits that the name of the Company was struck off in compliance with due process of law, as mandated under Section 248 read with Section 10A of the Act and in accordance with the applicable rules and circulars issued by the Ministry of Corporate Affairs.

3.2. The Respondent submits that under Section 10A of the Act, every company having share capital is mandatorily required to file Form INC-20A, being the de