CS Professional · Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP
The Tribunal allows restoration of Orchid Foods Pvt Ltd on 5 June 2026. Ravi, the director, plans to wait for the Registrar to act on his own. Which course follows section 252(2)?
The company must file a copy of the Tribunal's order with the Registrar within thirty days of the order. On receiving it, the Registrar restores the name in the register of companies and issues a fresh certificate of incorporation, as section 252(2) provides. Waiting for the Registrar to act alone is wrong.
- AThe Registrar restores the name only after the Tribunal's order is filed by the company with him within thirty days of the order, and then issues a fresh certificate of incorporationCorrect
- BThe restoration takes effect automatically, with no filing required
- CThe company must file the order within ninety days, and the Registrar then issues a duplicate of the old certificate
- DThe Registrar restores the name immediately on his own and the company needs to file nothing
Explanation
Under section 252(2), the company must file a copy of the Tribunal's order with the Registrar within thirty days. On receipt the Registrar causes the name to be restored in the register and issues a fresh certificate of incorporation. The ninety-day and automatic options are not what the text says, and a fresh, not duplicate, certificate is issued.
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