What is an Appeal Against a Private Limited Company Strike Off in India? If your private limited company has been struck off by the Registrar of Companies (ROC), you may have the option to appeal the decision. It is essential to act quickly, as there is typically a limited window of time to file an appeal. The process can be complex and involves navigating legal requirements and deadlines. Seeking the guidance of an experienced attorney from Empower Legal: Corporate Law Firm can help you understand your options and take the necessary steps to appeal the decision.
How to Appeal Against a Private Limited Company Strike Off in India
When a company is struck off by the Registrar of Companies (ROC) in India, it has the option to appeal against this decision. The Registrar is empowered under Section 248 of the Companies Act, 2013 to strike off a company that has defaulted or has been defunct. It also has the power to disqualify directors under the same Act.
The ROC is empowered to strike off a Company on a variety of grounds including non-compliance with filing requirements or lack of a business or operation. The ROC can remove the Company’s name from the company’s register of companies as well as issue a notice in the official gazette.
A stricken off company has the right to revive under Section 252 of the Companies Act, 2013. The restoration of a company can be done through the National Company Law Tribunal (NCLT).
Grounds for Appeal against a Private Limited Company Strike Off in India
One of the most common reasons why a strike off order is issued is when a company fails to file its annual returns and financial statements for a continuous period of two years or more. In late 2017, the Ministry of Corporate Affairs struck off around 2 lakh companies on this basis.
There are also a number of other grounds that a company can claim for the revival of its name. These include general public interest, the existence of a legal right to reinstate a company’s name, or the ability to comply with certain filing obligations.
Documents Required for the Revival of Struck Off Companies
To revive a struck-off company, you must provide evidence of its ongoing operation. This evidence could include active transactions in the company’s bank statements or any documentation demonstrating its continued business activities. This proof is crucial for the company’s revival process.
Once you have all of this, you’ll need to file an application for the revival of your struck off company with the National Company Law Tribunal (NCLT). The NCLT will schedule a hearing for the revival application. During the hearing, they will decide if restoration should occur.
The Tribunal will then make an order for the revival of your company. The order’s publication occurs in the official gazette. After publication, you must submit a certified copy of the order. The submission goes to the Registrar of Companies. This action must be completed within 30 days from the publication date.
The revival of a strike off company is a complex process that takes some time and requires a lot of planning. To start the process, you will need to find a good law firm that handles these types of cases regularly.
A reputable law firm with experienced lawyers can guide you through this complex process. This increases your chances of winning and restoring your company’s name. You must grasp the legal nuances to maximize your chances of success.
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Contact Top Corporate Lawyers
In conclusion, appealing against a private limited company strike off in India can be a complicated and time-consuming process. It requires expert legal guidance and support to navigate through the legal proceedings and ensure a favorable outcome. Contact Empower Legal: Corporate Law Firm for experienced, knowledgeable corporate lawyers who will protect your rights. Reach out today to schedule a consultation and resolve your company’s strike-off issue.
