Companies Act Section 252 — Appeal to Tribunal
CHAPTER XVIII REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES
Commercial / Corporate
Summary
Sub-section (1) allows any person who is aggrieved by an order of the Registrar that notifies a company as dissolved under section 248 to file an appeal to the Tribunal. This appeal must be filed within three years from the date of the Registrar's order. If the Tribunal finds that the removal of the company's name from the register of companies was not justified because none of the grounds on which the Registrar passed the order actually existed, it may order the restoration of the company's name in the register.
The first proviso to sub-section (1) states that before passing any order under this section, the Tribunal must give a reasonable opportunity to the Registrar, the company, and all persons concerned to make representations and to be heard.
The second proviso to sub-section (1) states that if the Registrar is satisfied that the company's name was struck off from the register either inadvertently or on the basis of incorrect information provided by the company or its directors, and that restoration is required, the Registrar may file an application before the Tribunal seeking restoration of the company's name. This application must be filed within three years from the date of the order dissolving the company under section 248.
Sub-section (2) requires the company to file a copy of the Tribunal's order with the Registrar within thirty days from the date of the order. Upon receiving the order, the Registrar must restore the company's name in the register of companies and issue a fresh certificate of incorporation.
Sub-section (3) provides that if a company, or any member, creditor, or workman of the company feels aggrieved by the company's name being struck off from the register, the Tribunal may, on an application made by such company, member, creditor, or workman, order the restoration of the company's name. This application must be made before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248. The Tribunal may order restoration if it is satisfied that the company was, at the time its name was struck off, carrying on business or in operation, or that it is otherwise just for the name to be restored. The Tribunal may also give such other directions and make such provisions as it deems just to place the company and all other persons in the same position, as nearly as possible, as if the company's name had not been struck off.
Official 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.