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

Under voluntary strike off, the Registrar published notice and the company's name was struck off, with the Gazette notice under section 248(5) published in 2016. In 2024, Ramesh, a creditor owed money, learns the company was in fact carrying on business when struck off. He applies to the Tribunal. How does section 252 apply?

Ramesh may apply to the Tribunal under section 252(3), because creditors can apply within twenty years of the Gazette notice, and eight years have passed. The Tribunal can restore the name if the company was carrying on business or restoration is otherwise just.

  1. AHe is barred, as the three-year appeal period has expired
  2. BHe is barred, as only members can apply for restoration
  3. CHe may apply under section 252(3), as it is within twenty years of the Gazette notice, and the Tribunal may restore the name if the company was carrying on business or restoration is otherwise justCorrect
  4. DHe may apply only to the Registrar, who alone can restore the name

Explanation

Section 252(1) gives three years to appeal against the Registrar's dissolution order, but section 252(3) separately lets the company, a member, creditor or workman apply within twenty years of the Gazette notice under section 248(5). 2016 to 2024 is eight years, within limit. The Tribunal may restore if the company was carrying on business or if restoration is just.

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