Revival & Restoration
of Struck-Off Company
Complete Guide

Obtain and review the ROC's strike-off notice/order (Form STK-7) published against the company, confirm the date of strike-off, and verify the applicable limitation period (3 years under Section 252(1), or up to 20 years under Section 252(3) if the company was in operation). This determines whether restoration is viable and which route to pursue.

Compile documentary evidence demonstrating the company was carrying on business or genuinely in operation at the time of strike-off — bank statements, sales invoices, purchase orders, GST returns, employee records, lease/rent agreements, litigation records, or property documents. Strong evidence significantly improves the chances of a favourable NCLT order.

Where surviving directors are available, a Board resolution is passed authorizing the filing of the restoration petition and appointing an authorized signatory/representative. Where the application is filed by a member, creditor, or workman instead, their consent and supporting affidavit are prepared.

The Company Petition under Section 252 is drafted, setting out the grounds for restoration, the evidence of business operations, and the relief sought (restoration of the company's name to the register). It is accompanied by a supporting affidavit, Memorandum of Appearance/Vakalatnama for NCLT representation, and all supporting documents as annexures.

The petition is filed with the NCLT bench having territorial jurisdiction over the company's registered office, along with the prescribed Tribunal fee. A filing number/diary number is generated and the matter is listed for the first hearing as per the bench's cause list.

Notice of the petition is served on the Registrar of Companies and the Regional Director (Ministry of Corporate Affairs), who are the respondents in such proceedings. They may file a reply or objection, particularly if there are outstanding compliance concerns or if the strike-off was based on adverse findings.

The matter is heard by the NCLT bench, where the petitioner's counsel presents the case and evidence, and the ROC/Regional Director's response (if any) is considered. Depending on the bench's workload and complexity, this may involve one or more hearings before an order is passed.

If satisfied, the NCLT passes an order directing the Registrar to restore the company's name to the register. The order typically imposes conditions such as filing all pending financial statements and annual returns within a specified period, payment of costs, and publication of the order.

A certified copy of the NCLT order is filed with the jurisdictional ROC in Form INC-28 (Notice of Order of the Court or Tribunal) within the time specified in the order (commonly 30 days). This is the step that actually triggers the ROC to change the company's MCA status back to 'Active'.

All pending AOC-4 (financial statements) and MGT-7/MGT-7A (annual returns) filings for the years the company remained struck off are prepared and filed with the ROC, along with applicable additional government fees, in accordance with the timeline directed by the NCLT order.

Once Form INC-28 is processed and pending filings are on record, the company's status on the MCA portal is updated from 'Strike Off' to 'Active'. The company can now be verified as a validly existing entity for banking, contractual, and regulatory purposes.

With the company restored, coordinate with the bank to unfreeze and reactivate the current account, and approach GST and other regulatory authorities to reactivate or reapply for lapsed registrations as applicable. Director DIN status should also be reviewed separately if any director was marked disqualified under Section 164(2).