valid as on 20/08/2018

Section 252. Appeal to Tribunal
Effective from 26.12.2016

(1) Any person aggrieved by an order of the , notifying a  as dissolved under section 248,  to the within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the register of companies:

Provided that before passing any order under this section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the company and all the persons concerned :

Provided further that if the Registrar is satisfied, that the name of the company has been struck off from the register of companies either inadvertently or on the basis of incorrect information furnished by the company or its directors, which requires restoration in the register of companies, he may within a period of three years from the date of passing of the order dissolving the company under section 248, file an application before the Tribunal seeking restoration of name of such company.

(2) A copy of the order passed by the Tribunal shall be filed by the company with the Registrar within thirty days from the date of the order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation.

(3) If a company, or any or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an  made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section(5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies.

2(75) Registrar means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act
2(20) Company means a company incorporated under this Act or under any previous company law
Refer rule 87A of National Company Law Tribunal (Amendment) Rules, 2017. To view the rule,Click Here
2(90) Tribunal means the National Company Law Tribunal constituted under section 408
2(74) Register of companies means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act
2(55) Member, in relation to a company, means—

(i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members;

(ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company;

(iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository

Refer rule 87A of National Company Law Tribunal (Amendment) Rules, 2017. To view the rule,Click Here

27.3.87A National Company Law Tribunal (Amendment) Rules, 2017

(1) An appeal under sub-section (1) or an application under subsection (3) of section 252, may be filed before the Tribunal in , with such modifications as may be necessary.

(2) A copy of the appeal or application shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than fourteen days before the date fixed for hearing of the appeal or application, as the case may be.

(3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit.

(4) Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

(a) the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;

(b) on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;

(c) the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and

(d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made thereunder within such time as may be directed by the Tribunal.

(5) An application filed by the Registrar of Companies for restoration of name of a company in the register of companies under second proviso to sub-section (1) of section 252 shall be in and upon hearing the application or any adjourned hearing thereof, the Tribunal may pass an appropriate order, as it deems fit

Inserted vide National Company Law Tribunal (Amendment) Rules, 2017 dated 05.07.2017. To view the notification,Click Here
To view the return,Click Here
To view the return,Click Here

Enforcement Notification [S.O 4167 (E)] dated 26/01/2016

 

 


National Company Law Tribunal (Amendment) Rules, 2017 dated 05/07/2017


Form NCLT 9- General Application to the tribunal


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