Choose the route before preparing the filing
Section 252(1) permits an aggrieved person to appeal the Registrar's dissolution order within three years from its date. The Tribunal may restore the company if it finds the strike-off unjustified because the grounds relied on were absent. Section 252(3) allows the company, member, creditor or workman to apply before twenty years from Gazette publication, with restoration depending on operation at strike-off or whether restoration is otherwise just. These are distinct clocks and grounds. The Registrar may separately apply within three years of the dissolution order if the company was struck off inadvertently or on incorrect information furnished by the company or its directors.
Read the applicable text: Companies Act, 2013, section 252 MCA notification inserting NCLT Rule 87A MCA INC-28 instruction kit.
File and prove service under Rule 87A
Use Form NCLT-9 with applicable modifications for the section 252(1) appeal or section 252(3) application. Serve the Registrar and any other persons directed by the Tribunal at least fourteen days before the hearing date. Preserve proof, version of the petition served and any bench directions. Support applicant capacity, the actual order and Gazette notice, the relevant statutory grounds and the requested consequential relief.
Distinguish the Tribunal decision from registry implementation
Obtain the certified order and read it for conditions, costs, filings and directions before taking further steps. Section 252(2) requires the company to file the order copy with the Registrar within thirty days from the date of the order. Rule 87A(4)(a) directs the appellant or applicant to deliver a certified copy within thirty days from the order date, and Rule 87A(4)(b) calls for the Registrar to publish the order in the Official Gazette on delivery. Calendar the statutory date and check the actual order immediately; do not assume a late certified-copy receipt moves every deadline.
Use the applicable INC-28 route
MCA's V3 guidance identifies INC-28 under section 252(2), supported by the NCLT order and proof of costs or fees where levied. Confirm the current instruction kit and fields. Keep the filing receipt and later evidence of the register update and fresh certificate contemplated by section 252(2). An uploaded form or a favourable oral pronouncement alone does not establish that implementation is complete.
Close consequential requirements separately
Rule 87A(4) also addresses costs unless directed otherwise and pending financial statements and annual returns within the time directed. Work through those requirements, signatory access and bank correspondence separately. Restoration can restore status subject to directions, but it does not erase filing defaults or automatically resolve unrelated tax matters.
Six worked illustrations
All facts and amounts are fictional. Calculations illustrate the stated assumptions, not a predetermined legal outcome.
Illustrative example 1: Track the order and publication independently
Registrar order is 5 June and Gazette publication is 12 June, seven days later. Record both; do not add the gap to the clock measured from the order date.
Illustrative example 2: Service before hearing
The Tribunal fixes 25 August. The Registrar receives the required copy on 8 August, 17 days before the hearing by elapsed-day count. Keep delivery proof and check whether others must be served.
Illustrative example 3: Late service control
For the same hearing date, assume service first occurs on 15 August. The ten-day interval is below fourteen even before considering endpoint rules; obtain directions instead of marking the case compliant.
Illustrative example 4: Certified order delay
Order date is 2 September and a certified copy arrives on 12 September, ten days later. Track time from the statutory order date and act promptly rather than silently starting a new thirty-day period.
Illustrative example 5: Proof of costs
An order imposes ₹30,000 cost and the company has proof of ₹18,000 paid. The unsupported balance is ₹12,000; check and satisfy the actual condition before treating the cost file as complete.
Illustrative example 6: Track outstanding filings
The restoration order identifies six filings for follow-up. Four are completed and one is rejected. Two are not completed, including the rejected filing; retain the specific rejection and corrective action.
Ten-step verification table
| Step | Action | Evidence |
|---|---|---|
| 1 | Obtain order and Gazette evidence | Registrar order and notice |
| 2 | Choose section 252 route | Standing, grounds and clock |
| 3 | Draft NCLT-9 for the facts | Pleading and supporting records |
| 4 | Identify persons to serve | Rule 87A and bench directions |
| 5 | Calendar and prove service | Delivery evidence and hearing notice |
| 6 | Read the certified order in full | Conditions, dates and operative directions |
| 7 | Set statutory and order deadlines | Thirty-day review and condition tracker |
| 8 | File INC-28 with supporting evidence | Order, fee proof if applicable and acknowledgement |
| 9 | Verify actual restoration | Registry status and certificate evidence |
| 10 | Close outstanding obligations | Updated filings and exception log |
Sixteen practitioner FAQs
1. Can a creditor apply under subsection (3)?
Yes, if the statutory conditions and grounds are satisfied.
2. Is the three-year period measured from publication?
Section 252(1) measures it from the Registrar's order.
3. Which route uses Gazette publication?
Subsection (3) uses publication of the section 248(5) notice.
4. Can a live dispute alone guarantee restoration?
No. The Tribunal applies the statutory grounds to the evidence.
5. Which form begins the proceeding?
Rule 87A identifies NCLT-9, with necessary modifications.
6. Who must receive a copy before hearing?
The Registrar and such other persons as the Tribunal directs.
7. How much lead time does Rule 87A specify?
At least fourteen days before the hearing date.
8. Does a favourable oral order complete the process?
No. Obtain and implement the certified order.
9. What is the statutory filing clock under section 252(2)?
Thirty days from the date of the Tribunal order.
10. Should I use the certified-copy receipt date automatically?
No. Check the statutory date and actual directions.
11. Which form is used for the MCA order handoff?
INC-28 using the applicable section 252(2) filing route.
12. What if the order levies a cost?
Satisfy and document the condition as required.
13. Does INC-28 submission prove the register changed?
No. Verify the implementation and resulting evidence.
14. Does restoration erase pending annual filing obligations?
No. Review the statute and operative directions separately.
15. Does the company automatically regain bank access?
Verify the necessary bank and order implementation steps.
16. What closes the restoration file?
Evidence of implementation plus a record of each consequential condition and filing.
Official sources
Companies Act, 2013, section 252 MCA notification inserting NCLT Rule 87A MCA INC-28 instruction kit MCA text of section 252 MCA portal notice: V3 INC-28 restoration under section 252(2)