How to revive a Struck-off company by NCLT route?
Any person aggrieved by an order of the Registrar, notifying a company as Struck-off under section 248, may file an appeal to the NCLT within a period of three years from the date of the order of the Registrar and if the concerned person can prove to the satisfaction of the NCLT 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:
Step by Step procedure for Revival of Company:
1. Draft an appeal under section 252, in Form No. NCLT 9, with such modifications as may be necessary.
2. Serve a copy of the appeal, to the Concerned ROC and Income Tax department.
3. Submit the original appeal to NCLT.
4. On the date of the hearing notified by NCLT appear before NCLT and present the case producing sufficient grounds for revival of Company and repudiate the claim of ROC that Company is not carrying on the business or ceased to be in business for the past two years.
5. After hearing both the parties NCLT shall pass the order restoring the name of a company in the register of companies.
6. File the copy of order with Registrar of Companies within a period of 30 days from the date of the order.
7. File pending financial statements and annual returns with the Registrar within such time as may be directed by the Tribunal.
8. The Registrar of Companies will change the status of Company from Struck-off to ‘Active’.
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