Effect of Strike off of Companies
On dissolution u/s 248, it shall on & from date mentioned in
notice of dissolution, cease to operate as company except for purpose of
realizing amount due to co. & for payment or discharge of liabilities or obligations
of company.
Liabilities of directors, managers, officers and members to be
continue as if the company had not been dissolved.
Restoration:
On
appeal by any person
Any
person aggrieved by removal order may file appeal before NCLT within 3 yrs of
order NCLT may pass order for restoration if it is of opinion that removal of
name of co is not justified in view of absence of any of the ground on which
order was passed by ROC.
NCLT to
give reasonable opportunity of making representations and of being heard to
ROC, company and all persons concerned.
On
Application by ROC
ROC may,
within a period of 3 yrs from the date of passing of the order dissolving the
company u/s 248, file an application before NCLT seeking restoration of name of
such company if it 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.
On
Application by others
An
application to NCLT for restoration may be made by co., member, creditor or
workmen before expiry of 20 yrs from publication in Official Gazette of notice
of dissolution of the company, if:
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
Otherwise it is just that the name of the company be restored
No comments:
Post a Comment