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Company dissolution following striking off under Section 248 of...
Struck-off companies cannot pursue declarations or injunctions over contractual rights without restoration, despite the statutory saving for recoveries.
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Company dissolution following striking off under Section 248 of the Companies Act, 2013 ends the company's legal existence and its ability to institute or continue proceedings, subject to the statutory saving under Section 250. The saving for realisation of amounts due to the company does not sustain a suit seeking only declarations and injunctions concerning contractual rights, without a claim for monetary recovery. Such proceedings cannot be prosecuted unless the company is restored under Section 252. A plaint in a suit barred on this basis is liable to rejection under Order VII Rule 11 of the Code of Civil Procedure.
Company dissolution following striking off under Section 248 of the Companies Act, 2013 ends the company's legal existence and its ability to institute or continue proceedings, subject to the statutory saving under Section 250. The saving for realisation of amounts due to the company does not sustain a suit seeking only declarations and injunctions concerning contractual rights, without a claim for monetary recovery. Such proceedings cannot be prosecuted unless the company is restored under Section 252. A plaint in a suit barred on this basis is liable to rejection under Order VII Rule 11 of the Code of Civil Procedure.
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