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

The Registrar strikes off the name of Malwa Millet Producer Company Ltd under Section 378ZP(1) on 10 March. Member Ramesh is aggrieved. Which statement is correct?

An aggrieved Member can appeal to the Tribunal within sixty days of the Registrar's order. Once the appeal is filed, the striking off order does not take effect until the appeal is disposed of. The three-year period is for a different route under Section 252, so it does not apply here.

  1. ARamesh may appeal to the Tribunal within sixty days of the order, and the striking off will not take effect until the appeal is disposed ofCorrect
  2. BRamesh may appeal to the Tribunal within three years, but the striking off takes effect immediately
  3. CRamesh may appeal to the Tribunal within sixty days, but the striking off takes effect immediately and is reversed if he succeeds
  4. DRamesh has no remedy because only the company itself can appeal

Explanation

Section 378ZP(3) lets any aggrieved Member appeal to the Tribunal within sixty days. Section 378ZP(4) says the order does not take effect until the appeal is disposed of. The three-year period belongs to Section 252 appeals for companies dissolved under Section 248, not this provision.

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