What is Fraudulent application for removal of name? What is Appeal to Tribunal? Section 251 and 252 of Indian Companies Act 2013

Fraudulent application for removal of name and Appeal to Tribunal are defined under Section 251 and 252 of Indian Companies Act 2013. Provisions under these Sections are:

Section 251 of Indian Companies Act 2013 "Fraudulent application for removal of name"

(1) Where it is found that an application by a company under sub-section (2) of section 248 has been made with the object of evading the liabilities of the company or with the intention to deceive the creditors or to defraud any other persons, the persons in charge of the management of the company shall, notwithstanding that the company has been notified as dissolved -

 

(a) be jointly and severally liable to any person or persons who had incurred loss or damage as a result of the company being notified as dissolved; and (b) be punishable for fraud in the manner as provided in section 447.

(2) Without prejudice to the provisions contained in sub-section (1), the Registrar may also recommend prosecution of the persons responsible for the filing of an application under sub-section (2) of section 248.

Section 252 of Indian Companies Act 2013 "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.

What is Application to Tribunal for relief in cases of oppression, etc? Section 241 of Indian Companies Act 2013

What is Power of Company Law Tribunal? Section 242 of Indian Companies Act 2013? Section 241 of Indian Companies Act 2013

What is Consequence of termination or modification of certain agreements? What is Right to apply under section 241? Section 243 and 244 of Indian Companies Act 2013

What is class action? What is application of certain provisions to proceedings under section 241 or section 245? Section 245 and 246 of Indian Companies Act 2013

What is Valuation by registered valuers? Section 247 of Indian Companies Act 2013

What is Power of Registrar to remove name of company from register of companies? Section 248 of Indian Companies Act 2013

What is Restrictions on making application under section 248 in certain situations? What is Effect of company notified as dissolved? Section 249 and 250 of Indian Companies Act 2013

What is Fraudulent application for removal of name? What is Appeal to Tribunal? Section 251 and 252 of Indian Companies Act 2013

What is determination of sickness? What is application for revival and rehabilitation? Section 253 and 254 of Indian Companies Act 2013

What is Exclusion of certain time in computing period of limitation? What is appointment of interim administrator? Section 255 and 256 of Indian Companies Act 2013

What is Committee of creditors? What is Order of Tribunal? Section 257 and 258 of Indian Companies Act 2013

What is appointment of administrator? What are the Powers and duties of company administrator? Section 259 and 260 of Indian Companies Act 2013

 

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