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Informative

Power Of NCLT To Restore Name Of Struck Off Company U/S 252 Of Companies Act Can't Be Exercised Suo Motu: NCLT New Delhi

Update / Judgement Date

06 Aug 2025

Source

Live Law

Author

Team — WCP Legal Desk

Reading Time

1 min read

Corporate Law & GovernanceInsolvency & Bankruptcy Code

The NCLT, New Delhi, has ruled that the power to restore the name of a struck-off company cannot be exercised suo motu. The tribunal’s decision clarifies a key procedural aspect of the Companies Act. The ruling reinforces that the process to restore a company's name must be initiated by an interested party, not by the tribunal itself. This judgment is a crucial reminder to companies and their stakeholders that they must follow the correct legal procedure to restore a company.