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An application / appeal shall be filed in Form No. "NCLT – 9" with NCLT Bench having jurisdiction based on the Registered Office Address of the Company with Detailed reasons for such restoration along with the evidence and proofs; Affidavit verifying the petition in prescribed form duly notarized; Demand Draft for payment of fee of Rs. 1,000/- (Rupees One Thousand Only); Copy of MOA & AOA, Copy of Notice as issued by the concerned ROC for striking off of the Company; Copy of Board Resolution for restoration of Name, Authorization in favour of any director and appointment of Professional to appear on behalf of the Company, Memorandum of appearance with copy of the Board Resolution or the Vakalatnama, as the case may be, Latest audited financials; Proof of service of application on ROC; Any other documents in support of the case.
On getting the order for Restoration of the Name, Company shall file the copy of order with the concerned Registrar of Companies with in a period of 30 days from the date of the order in Form INC – 28.
As per the directions of the NCLT the company shall file all pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013.
Applicant has to serve an advance copy of the application on the Registrar of Companies and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.
Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-
The Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette after restoration of the name of the Company in his records.