NCLT JUDGEMENT ON SECTION 248(1), 248(6), 252, 252(3) OF THE COMPANIES ACT, 2013 AND RULE 7,9 OF THE COMPANIES (REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES) RULES, 2016

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

8383098478, 9667769795

rk@courtkutchehry.com

JAI THAKUR

8130703334, 9355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com

Surya Landcon Private Limited Vs. Registrar Of Companies And Ors, (2020) 07 NCLT CK 0110

NCLT allowed the appeal filed by the appellant under Section 252 (3) of the Companies Act, 2013 against the order of striking off the name of the company passed by the respondent under section 248 (1) of the Act read with Rule 7 of Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. While allowing the petition NCLT held that the Appellant has submitted sufficient evidence that it has been in operation since incorporation and therefore could not be termed as defunct company as per section 252 of the Act. Thus, taking into consideration the provisions of Section 252(3) of the Companies Act, 2013 which vests this Tribunal with a discretion where the Company, whose name has been struck off and such Company is able to demonstrate that there is a running business as on the date when the name was struck off and also keeping in consideration that it is just to do so, can restore the name of the Company in the Register and in the interest of all stakeholders including the Appellant itself who seeks restoration of the name of the Company in the register maintained by Registrar of Companies, the company deserved to be restored.

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