Cos 252 — Appeal to Tribunal

Companies Act, 2013

Statutory text

(1) Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the register of companies is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the register of companies:
Provided  that  before  passing  any  order  under  this  section,  the  Tribunal  shall  give  a  reasonable opportunity of making representations and of being heard to the Registrar, the company and all the persons concerned:
Provided further that if the Registrar is satisfied, that the name of the company has been struck off from the  register  of  companies  either  inadvertently  or  on  the  basis  of  incorrect  information  furnished  by  the company or its directors, which requires restoration in the register of companies, he may within a period of three  years  from  the  date  of  passing  of  the  order  dissolving  the company  under  section  248,  file  an application before the Tribunal seeking restoration of name of such company.
(2) A copy of the order passed by the Tribunal shall be filed by the company with the Registrar within thirty days from the date of the order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation.
(3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name  being  struck  off,  carrying  on  business  or  in  operation  or  otherwise  it  is  just  that  the  name  of  the company  be  restored  to  the  register  of  companies,  order  the  name of  the  company  to  be  restored  to  the register  of  companies,  and  the  Tribunal  may,  by  the  order,  give  such  other  directions  and  make  such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies.

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