Dhirendra Pratap Singh & Anr. Vs Dook Consulting Pvt. Ltd. & Ors. (NCLT Delhi)
NCLT Delhi held that the power of the Tribunal to restore the name of a struck off company under Section 252 of the Companies Act, 2013 is not a suo motu power. The restoration application is dismissed due to lack of diligence.
Facts- Vide the present appeal, the applicant is seeking restoration of C.P. No. 54/ND/2014, which was dismissed by this Tribunal vide order dated 01.07.2021 for non-prosecution. It is submitted that applicant was not aware of the said order of dismissal for non-prosecution and came to know about it very recently while checking the status of case on the web portal of this Tribunal. On becoming aware about the said order, the applicant has instantly moved the present application.
Conclusion- The power of the Tribunal to restore the name of a struck off company under Section 252 of the Companies Act, 2013 is not a suo motu power, but is to be exercised either on the basis of an appeal filed by any aggrieved person under Section 252 (1) or to be exercised on an application filed by the Companies, its members or creditors or workmen aggrieved by the order of striking off under Section 252(3) of the Companies Act, 2013.
