• vaibhav005gupta

Appeal to Tribunal

Updated: May 9


Introduction

Any person aggrieved by a Registrar's order dissolving a company under section 248 may appeal to the Tribunal within three years of the date of the Registrar's order, and if the Tribunal finds that the removal of the company's name from the register of companies is not justified due to the absence of any of the grounds on which the Registrar's order was made, it may order restoration of the company's name.


Prerequisites

  • Provided, however, that before imposing any decision under this section, the Tribunal shall provide the Registrar with a reasonable chance to make arguments and be heard.

  • Provided further that if the Registrar is satisfied that the name of the company has been struck off from the register of companies inadvertently or on the basis of incorrect information furnished by the company or its directors, and that the name of the company requires restoration in the register of companies,

  • he may file an application before the Tribunal within three years of the date of the order dissolving the company under section 248.


The company must file a copy of the Tribunal's order with the Registrar within thirty days of the date of the order, and upon receipt of the order, the Registrar will cause the company's name to be changed.

If a company, or any of its members, creditors, or workers, feels aggrieved by the company's name being struck off from the register of companies, the Tribunal, on an application made by the company, member, creditor, or worker before the expiration of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 of the Companies Act, may, if satisfied that the company was carrying on business or in operation at the time of its name being struck off, order the company's name to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as the Tribunal deems just for putting the company and all other persons in the same position as if the company's name had not been struck off from the register of companies.

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