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Statutory provisions regarding restoration of a company's name on the Register of Companies maintained by the Registrar of Companies (ROC) u/s 252(1) and 252(3) of the Companies Act, 2013 were analyzed. An appeal u/s 252(1) can be filed by any aggrieved person if the company is dissolved by the ROC u/s 248(1), with a limitation period of 3 years. However, an application u/s 252(3) can only be filed by certain persons if the company's name is struck off u/s 248(2), with a longer limitation period of 20 years. In this case, the ROC struck off the company u/s 248(1)(d) for non-compliance with Section 10A(1) regarding filing a declaration of subscription within 180 days of incorporation. The Tribunal allowed the appeal, directing the ROC to restore the company's name on the Register of Companies, change its status to "active," and take further action regarding late payment of subscription u/s 10A and any other violations detected after revival.
Statutory provisions regarding restoration of a company's name on the Register of Companies maintained by the Registrar of Companies (ROC) u/s 252(1) and 252(3) of the Companies Act, 2013 were analyzed. An appeal u/s 252(1) can be filed by any aggrieved person if the company is dissolved by the ROC u/s 248(1), with a limitation period of 3 years. However, an application u/s 252(3) can only be filed by certain persons if the company's name is struck off u/s 248(2), with a longer limitation period of 20 years. In this case, the ROC struck off the company u/s 248(1)(d) for non-compliance with Section 10A(1) regarding filing a declaration of subscription within 180 days of incorporation. The Tribunal allowed the appeal, directing the ROC to restore the company's name on the Register of Companies, change its status to "active," and take further action regarding late payment of subscription u/s 10A and any other violations detected after revival.
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