# Bajaj Promoters Private Limited vs. The Registrar of Companies

> SC judgment dated 2025-02-18. Citation: TCN-2025-SC-00045. The case involves an appeal against the dismissal of an application for the restoration of the…

- **Court:** SC
- **Order date:** 18 Feb 2025
- **Citation:** TCN-2025-SC-00045
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/bajaj-promoters-private-limited-vs-the-registrar-of-companies-cb3e6571

## Summary

### Background

The case involves an appeal against the dismissal of an application for the restoration of the appellant's name in the Register of Companies. The appellant's name was struck off on August 18, 2018. An application for restoration was dismissed by the NCLT on January 31, 2019. A review petition was filed but also dismissed by the NCLT on March 30, 2021. The appellant then filed an appeal before the NCLAT, which was delayed, leading to an application for condonation of delay.

## Facts

M/S. Bajaj Promoters Private Limited filed an application for restoration of its name in the Register of Companies after it was struck off on August 18, 2018. The application was filed under Section 252(3) of the Companies Act, 2013. The National Company Law Tribunal (NCLT) dismissed the application on January 31, 2019. The appellant then filed a review petition before the NCLT, which was also dismissed on March 30, 2021. Subsequently, the appellant preferred an appeal before the National Company Law Appellate Tribunal (NCLAT) with a delay, seeking condonation. The NCLAT upheld the dismissal, leading to the present appeal before the Supreme Court. The appellant argued that Section 14 of the Limitation Act should apply to exclude the period spent prosecuting the review

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## Issues and analysis

### Issue 1: Whether the NCLAT was justified in refusing to …

**Ratio:** The condonation of delay is discretionary and depends on whether sufficient cause is

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**Reasoning:** The court found that the appellant was consistently delayed at every stage of the

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**Interpretation:** The court interpreted the provisions related to condonation of delay,

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**Application:** The ratio was applied to the facts by noting the repeated delays by the

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## Parties

- **Judges:** ABHAY S…; UJJAL B…
- **Appellants:** M/S. BAJAJ…
- **Respondents:** The Registrar of…
- **Other parties:** Affir…

## Timeline

- **2018-08-18 — Name Stru…**: The appellant's name was struck off…
- **2018-12-11 — Application…**: An application was filed under Section 252(3) of the Companies Act, 2013, for restoration…

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