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

Under section 252(3), a workman of a struck-off company applies for restoration. On which ground can the Tribunal order restoration?

The Tribunal may restore the name if it is satisfied that the company was carrying on business or in operation when its name was struck off, or that restoration is otherwise just. The section does not require prior payment of dues, filing history or government certification.

  1. AIf satisfied that the company was carrying on business or in operation at the time of strike off, or that it is otherwise just to restore the nameCorrect
  2. BOnly if all dues of the workman are first paid in full by the Registrar
  3. COnly if the company proves it had filed all annual returns for the preceding ten years
  4. DOnly if the Central Government certifies the company as viable

Explanation

Section 252(3) empowers the Tribunal to restore the name if satisfied that the company was carrying on business or in operation at the time of strike off, or otherwise it is just to restore. No payment, filing history or Central Government certificate is made a precondition in the text.

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