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

Himalaya Agro Pvt Ltd was incorporated on 1 April 2023 and has not commenced any business since. On 10 May 2025 the Registrar, having reasonable cause to believe this, proposes to act under Section 248(1). What must the Registrar do first?

The Registrar must first send a notice to the company and all its directors, stating the intention to remove the name and requesting representations with documents within thirty days from the date of the notice. Striking off comes only afterwards, once the notice period expires and no cause is shown.

  1. AStrike off the name immediately and publish it in the Official Gazette
  2. BSend a notice to the company and all its directors of the intention to remove the name, asking for representations within thirty days from the date of the noticeCorrect
  3. CApply to the Tribunal for an order of winding up
  4. DSend a notice only to the registered office, allowing sixty days for reply

Explanation

Under Section 248(1), the Registrar must first send a notice to the company and all its directors stating the intention to remove the name and calling for representations with documents within thirty days from the date of the notice. Immediate striking off skips this step, and the notice must go to the directors as well, not only to the registered office.

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