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

The Registrar published a notice in the Official Gazette under section 248(5) in March 2010, and Orchid Polymers Ltd was dissolved. In November 2026, a creditor, owed money by the company, applies to the Tribunal to restore the name, showing that the company was carrying on business when struck off. Which view is correct?

The application can be entertained. A creditor may apply to the Tribunal within twenty years of the Gazette notice, and restoration is possible if the company was carrying on business when struck off. The three-year limit belongs to a different route, and creditors do have standing.

  1. AThe application fails, because an appeal against a Registrar's dissolution order must be filed within three years
  2. BThe application fails, because only the Registrar can seek restoration after dissolution
  3. CThe application fails, because creditors have no standing to seek restoration
  4. DThe application can be entertained, because a creditor may apply within twenty years of the Gazette notice, and the Tribunal may restore if the company was carrying on business when struck offCorrect

Explanation

Under section 252(3), a company, member, creditor or workman may apply within twenty years from publication of the Gazette notice under section 248(5). Restoration is possible if the company was carrying on business or it is otherwise just. November 2026 is within twenty years of March 2010. The three-year limit applies to appeals under section 252(1), not this route.

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