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

The Registrar struck off Lotus Components Pvt Ltd on 5 June 2023 under section 248. In 2025 he finds the name was struck off inadvertently because of incorrect information furnished by the company's directors. Which course is available to him under the second proviso to section 252(1)?

The Registrar may himself file an application before the Tribunal seeking restoration, within three years from the date of the order dissolving the company. The restoration is ordered by the Tribunal, not by the Registrar, and the 2025 filing falls within the three-year window from June 2023.

  1. AFile an application before the Tribunal seeking restoration within three years from the date of the order dissolving the companyCorrect
  2. BRestore the name himself by an administrative order without the Tribunal
  3. CFile an application before the Tribunal within twenty years of gazette publication only
  4. DWait for a member to appeal because the Registrar cannot apply

Explanation

The second proviso lets a Registrar who is satisfied that the name was struck off inadvertently or on incorrect information file an application before the Tribunal within three years from the date of the order dissolving the company. Strike off was June 2023, so 2025 is within time. Only the Tribunal can order restoration, and the Registrar is not barred from applying.

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