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NCLAT Reduces Restoration Cost From Rs.10 Lakh to Rs.5 Lakh for Struck-Off Company

Case Law Details

TaxGuru Citation
2026 taxguru.in 14157
Case Name
Ganton Projects Private Limited Vs Registrar of Companies (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
Delhi NCLAT, NCLAT
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Ganton Projects Private Limited Vs Registrar of Companies (NCLAT Delhi)

Summary: The National Company Law Appellate Tribunal, Principal Bench, New Delhi partly allowed the appeal filed by Ganton Projects Private Limited against the order dated 11.03.2026 passed by the NCLT, New Delhi Bench, Court-V in proceedings under Section 252(3) of the Companies Act, 2013 read with Rule 87A of the NCLT Amendment Rules, 2017. The NCLT had directed restoration of the company’s name in the Register of Companies but imposed a cost of ₹10,00,000 payable to the Registrar of Companies. The appeal challenged the cost as excessive, disproportionate and unsupported by rational reasoning.

Ganton Projects Private Limited was originally incorporated as M/s Ganton Aviation Private Limited on 07.09.2011 and subsequently changed its name. Its name was struck off from the Register of Companies on 07.06.2017. The record referred to non-filing of Income Tax Returns, balance sheets and annual returns since incorporation. The company contended that the returns could not be filed due to inadvertence and oversight. It also relied upon assets standing in its name and pending execution proceedings arising from a Delhi High Court order dated 16.12.2011 concerning a financial liability of ₹1 crore. The NCLT considered restoration justified because pending litigation made restoration necessary, but imposed exemplary cost of ₹10,00,000 for the aggregate statutory defaults.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,295

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