Re: Revival of striked off company

[Kavita Padia]

Dear All

A query - one of my client got there non operational company striked off in 2011 under the Easy Exit Scheme of ministry

Now they want to revive that company 

My understanding is it will have to be done through NCLT petition...just to reconfirm whether my understanding is correct

Thanks

[vinod kumar katakam]

Yes You have to do it through petition with NCLT

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Thanks & Regards,

CA Vinod Kumar K

Mob No : 9739219677

Whatsapp : 9032624625

[Kavita Padia]

Thanks Sir

[Vaishali Patrikar]

The revival of striked off company u/s 251 can only be done thru NCLT. But if the company itself applied for strike off and was striked off under easy exit scheme, NCLT will not allow revival. 

It is better to incorporate a new company.

Regards,

Vaishali 

On Wed, Apr 24, 2019 at 10:49 AM Kavita Padia <kavita...@gmail.com> wrote:

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[Prakash Nagarajan]

Dear Vaishali Ji

Can you help me understand by quoting the section that restricts revival of company struck off based on the application filed by the company. Also i request you to refer 252 once for sure.

I am of strong understanding that it is surely possible to revive. It would be very much helpful to me if you are giving me little insight into this.

Thank you Ji.

Regards

CS Prakash Nagarajan

+91 8248 597386

+91 99766 77277

 

DONATE ORGANS & SAVE LIVES. I AM A REGISTERED ORGAN DONOR.

 

Office:

 

Practicing Company Secretary

101-A, Ambience Avenue, 8-3-981/82, Srinagar Colony Main Road, 

Hyderabad - 500 073. Off: 040-2374 3975, 2374 4448, 

prakashna...@outlook.com

[Vaishali Patrikar]

Appeal can be made for revival of company to NCLT u/s252(1) within 3 years and u/s 252(3) within 20 years by  any aggrieved person.

It is necessary to prove to NCLT that the company was active, operative and carrying on business at the time of strike off order by ROC, and it was unjust on the part of ROC to strike it off.

In the current case, thru easy exit scheme, the company has opted to get striked off on its own u/s 560 of C A 1956 by giving affidavits, declarations that there are no assets and liabilities and that the company is defunct / inoperative since 2008.

If at all it is decided to make an application to NCLT for revival, how can the company prove that it was unjust that ROC ordered strike off  or that the company was active / operative and that someone was aggrieved because of ROC order?

Please note that I have revived a company u/s 252(1) by proving that the company was active and operational and that the shareholders were aggrieved by the order of ROC for strike off.

However, I do not see any reason why NCLT would revive.  I am telling the practical point of view. 

Still, if the company wants to go to NCLT for revival, it would be its decision.

 

Regards,

Vaishali 

[Prakash Nagarajan]

Resp CS Vaishali Ji

That's really awesome of you to brief a good understanding. It's sheer of my mistake for not seeing the message of Ms Kavita Padia. I was little confused to see EAS in your reply & saw the earlier thread mail that warrants your reply 100%. I purely agree with you madam Ji & really sorry Ji. I felt little worried on you quoting your experience on 252 revival. Such a senior professional you are & I feel very very sorry to you, if i have made you feel bad in this regard !

Point is anyone can appeal to NCLT if they are aggrieved by the order of ROC on struck off. 

Regards

CS Prakash Nagarajan

+91 8248 597386

+91 99766 77277

 

DONATE ORGANS & SAVE LIVES. I AM A REGISTERED ORGAN DONOR.

 

Office:

 

Practicing Company Secretary

101-A, Ambience Avenue, 8-3-981/82, Srinagar Colony Main Road, 

Hyderabad - 500 073. Off: 040-2374 3975, 2374 4448, 

prakashna...@outlook.com

[Hemant Kothari]

Dear Prakash ji and Vaishali ji,

appreciate the inputs and conversation between you both. Reply by Vaishali ji is quite practical and positive. It will benefit all the readers.

Regards,

CS Hemant Kothari

Office No 308, 12-New Bake House,

MCC Lane, Kala Ghoda, Fort,

Mumbai 400023

Cell 884 9596 204

Compliance Oriented Growth.

[CS V Kartik]

Yes as rightly stated by Ms. Vaishali, NCLT will not revive if the company has voluntarily applied for strike off. A company can approach NCLT only when it's aggrieved by the order of ROC in striking off the company

[Kavita Padia]

Dear Learned members

thanks for such an insight in the aforesaid case

I feel if the Members are able to prove that why revival of the Company is must with a strong reason then NCLT may consider the case bcoz the concern of the Govt always is non operational companies should not exist but if a company which has been striked off wish to start operations in the same name due to some specific reason then govt should not have an issue in reviving it

Anyways i will discuss with the client in light of the above discussions

thanks one again

On Fri, 26 Apr 2019 at 20:31, CS V Kartik <karv...@gmail.com> wrote:

Yes as rightly stated by Ms. Vaishali, NCLT will not revive if the company has voluntarily applied for strike off. A company can approach NCLT only when it's aggrieved by the order of ROC in striking off the company

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