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CS Professional · Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP

After the Tribunal orders restoration of Meghdoot Pvt Ltd under section 252, the company secretary asks what must happen next. Which sequence is correct?

The company must file a copy of the Tribunal's order with the Registrar within thirty days from the date of the order. On receiving it, the Registrar restores the name in the register of companies and issues a fresh certificate of incorporation.

  1. AThe company files a copy of the order with the Registrar within thirty days; the Registrar then restores the name and issues a fresh certificate of incorporationCorrect
  2. BThe Tribunal itself issues the fresh certificate of incorporation without any filing
  3. CThe Registrar files the order with the Tribunal within sixty days and restores the name automatically
  4. DThe company files the order within ninety days and the old certificate stands revived without a fresh one

Explanation

Section 252(2) requires the company to file a copy of the Tribunal's order with the Registrar within thirty days of the order. On receipt, the Registrar causes the name to be restored in the register and issues a fresh certificate of incorporation. The Tribunal does not issue the certificate.

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