In a challenging Company Appeal seeking restoration of a firm struck off from the Registrar of Companies, West Bengal register, the Hon’ble National Company Law Appellate Tribunal (NCLAT), New Delhi ruled in favour of our client M/s Sark Infraprojects Pvt. Ltd.
The Appellant Company had failed to submit its yearly statutory filings in time – thus, leading to deletion from the Registrar of Companies, West Bengal. The National Company Law Tribunal had held against the Appellants, noting that it was a shell/sham entity not carrying on any legitimate business.
Setting aside the findings of the NCLT, Calcutta, the NCLAT held that the Appellants had succeeded in proving that they were a bonafide business and had missed the filings for legitimate reasons – entitling them the relief of restoration.
NCLAT Order dated 20.12.2022.[1]
