When revival makes sense
Companies usually seek revival because they still have business, assets, a bank account they need, or a contract or refund they need to pursue. The Tribunal looks for evidence of business activity at the time of strike-off, or other just reasons.
Documents required
- ROC strike-off order or notice.
- Financial statements and returns for pending years.
- Evidence of business activity — bank statements, invoices, GST returns, tax returns.
- Board resolution and affidavits.
How we handle it
Assess
Grounds for revival and the pending filings.
Prepare the petition
With evidence of business activity.
File before the NCLT
Serve the ROC and attend hearings as the Tribunal requires.
File the order
INC-28 within the time allowed.
Bring filings up to date
All pending returns filed.
What the Tribunal looks at
- Bank statements showing transactions around and after the strike-off date.
- GST and income-tax returns filed for the period.
- Contracts, invoices and correspondence showing business activity.
- Assets held by the company, such as property or receivables.
- The reasons returns weren't filed, explained honestly.
After restoration
- The NCLT order is filed with the ROC in INC-28.
- All pending financial statements and annual returns are filed, with additional fees.
- Directors' DINs are reactivated and KYC updated where needed.
- The bank account is reactivated using the restoration order.
Practical notes from our engagements
- Bank account frozen on strike-off. Revival is usually the only way to regain access.
- Pending filings not prepared in advance. The Tribunal typically orders all filings to be completed. Prepare them in parallel.
How we handle revival
We assess the case, prepare the petition and evidence, work with counsel where the Tribunal requires, and bring every pending filing up to date.
Related services
Frequently asked questions
Can a struck-off company be revived?
Yes, by the NCLT under Section 252, if it was carrying on business or it's otherwise just to restore it.
What is the time limit?
An appeal against the ROC's order within 3 years; after that, an application within 20 years of publication of the strike-off notice.
Who can apply?
The company, a member, a creditor or a workman.
What happens after the order?
The order is filed with the ROC in INC-28, and all pending returns are filed.
Are directors affected by strike-off?
Directors of struck-off companies can be disqualified. Revival and filing the pending returns is the usual route to regularise.
How long does revival take?
It depends on the Tribunal's schedule and how quickly the pending filings and evidence are ready.
Does the ROC oppose revival?
The ROC is heard by the Tribunal and often asks for pending filings and costs as conditions.