Defrizzing Company Bank a/c

My company has been struck off since last 2yrs I have not submitted my ROC return, while my tax is up to date. I am 70 yrs old, I operated my company since 1997, till 2016 ROC is updated, My query is 1) Can I personally appear at NCLT? 2) Due to my old age I am unable to continue with the company therefore my petition is Defreeze my bank a/c. allow to close my bank a/c and ROC can close the company. ROC normally restore the after taking a charge and then allow to 45 days time to submit my ROC back log which includes heavy penalty. After normalization I can further close my company again paying for closing charges. Can you advise me what I should do? Can you draft a petition request letter for me? let me know your charges for the same. Thanks and regards

Hi Narendra,

I understand your situation and the challenges you face at your age. Here’s a brief overview of your options and some guidance:

1. Can you personally appear at NCLT?

Yes, as a director and authorized representative of your company, you can appear before the NCLT. Usually, an authorized professional (like a company secretary or advocate) represents the company, but personal appearance is allowed if you wish.

2. How to defreeze bank account and close the company?

Since your company is struck off, your bank account is likely frozen.
The typical process is:
- Apply to NCLT for Restoration of Company (also called revival).
- Once restored, you need to file all pending ROC returns and pay penalties.
- Then, proceed with the company closure process (through striking off or winding up).
- Finally, approach the bank with NCLT order for defreezing and closure of the bank account.

Your concern is about penalty and paperwork due to backlog. Unfortunately, ROC will demand filing of pending returns with penalty before allowing closure.

What can be done?

Draft a Petition to NCLT requesting restoration on grounds of genuine difficulty (your age and inability to maintain filings).
Request NCLT to waive or reduce penalty if possible (though this depends on NCLT’s discretion).
After restoration, file pending returns and then apply for closure.

Drafting Petition and Charges

I can help you draft a simple petition addressed to NCLT to restore your company and request defreezing of bank account for closure.

Please note:

I do not charge any fee here.
For official legal representation or complex drafting, you should engage a professional company secretary or advocate familiar with NCLT proceedings.

Sample Outline of Petition

IN THE NATIONAL COMPANY LAW TRIBUNAL
[City Bench]

In the matter of:
[Company Name] – Petition for Restoration

Petitioner: [Your Name], Director

Subject: Petition for restoration of company and defreezing of bank account

Respected Sir/Madam,

1. The petitioner is the Director of [Company Name], CIN: [CIN Number], which was struck off on [Date].
2. Due to personal health and old age (70 years), the petitioner was unable to comply with filing of ROC returns after 2016.
3. The petitioner’s tax dues are fully paid and up to date.
4. The petitioner requests restoration of the company to comply with pending statutory requirements and to close the company subsequently.
5. Further, the petitioner requests defreezing of the bank account to enable closure and settlement of outstanding liabilities.
6. The petitioner humbly prays for restoration of the company and directions to the bank for defreezing the account to facilitate closure.

Place: [City]  
Date: [Date]  

[Your Signature]  
[Your Name and Director’s DIN]