252. Appeal to Tribunal
(1) Any person aggrieved by an order of the Registrar, notifying a company as
dissolved under section 248, may file an appeal to the Tribunal 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 register of companies 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 member or creditor or workman thereof feels aggrieved by the
company having its name struck off from the register of companies, the Tribunal on an
application 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.