# Revive a Struck-Off Company — Section 252

> A company struck off by the Registrar can be restored under Section 252 of the Companies Act. A person aggrieved by the strike-off order can appeal within three years of the order, and the company, a member, creditor or workman can apply within 20 years if the company was carrying on business or it is otherwise just to restore it. Once the order is passed, it is filed with the Registrar in Form INC-28 and all pending returns are filed.

Practice: Conversions, Changes & Closure — https://www.industax.com/services/business-changes/

Companies are usually struck off for not filing financial statements and annual returns for two years. The consequences hit hard: bank accounts are frozen, directors can be disqualified, and contracts and property held by the company are in limbo.

We prepare the application with evidence that the company was operating (invoices, bank statements, tax returns), coordinate with the Registrar's report, and after restoration file every overdue return so the company doesn't get struck off again.

## Key facts

| Item | Detail |
| --- | --- |
| Law | Section 252, Companies Act 2013 |
| Appeal by aggrieved person | Within 3 years of the strike-off order |
| Company, member, creditor or workman | Up to 20 years |
| After order | INC-28 filed with the Registrar |
| Then | All overdue returns filed with fees |

## Who needs this

- Directors of a company struck off for non-filing
- Companies whose bank accounts were frozen
- Creditors and members with claims against a struck-off company

## What's included

- Case assessment and evidence pack
- Application drafting with partner advocates
- INC-28 filing after the order
- Backlog of annual filings cleared

## Documents

- Strike-off notice and order
- Bank statements, invoices and ITRs showing operations
- Audited accounts for pending years
- Board resolution authorising the application

## Process

1. **Assess** — Route and time limit confirmed.
2. **Apply** — Application filed and heard.
3. **Restore** — Order filed; pending returns completed.

Work that legally requires a advocate is signed by a partner professional; Indus Tax coordinates it.

## FAQs

### Can a director of a struck-off company be disqualified?

Yes. Under Section 164(2), directors of a company that hasn't filed financial statements or annual returns for three continuous financial years are disqualified for five years. Restoration and filing can help address it, but it needs separate handling.

### How long does restoration take?

Usually a few months, depending on hearing dates and how quickly the Registrar files its report. Having audited accounts for the pending years ready speeds it up.

### What does it cost besides professional fees?

The tribunal may impose costs as a condition of restoration, and the company pays normal and additional fees for every overdue annual filing.

## Official sources

- Ministry of Corporate Affairs — MCA21 portal: https://www.mca.gov.in/

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Canonical page: https://www.industax.com/services/business-changes/company-restoration-section-252
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.