Section 252 of Companies Act, 2013

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.

Complete: companies-act-2013