Procedure for Revival of Struck off Company through NCLT by the best professionals in Jaipur, Rajasthan.

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WHO CAN APPEAL AGAINST THE ORDER OF STRIKE OFF

In terms of section 252(1) of the Companies Act, 2013 any person aggrieved by the order of the registrar under section 248, may appeal to an NCLT within three years from the date of the order

In terms of Section 252(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 may appeal before the expiry of twenty years from the date of publication in the Official Gazette of the notice w.r.t. separating the Company's name.

APPEAL PROCEDURE BEFORE THE NATIONAL COMPANY LAW TRIBUNAL (NCLT):

  • Petition in Form No. NCLT-9
  • General Affidavit verifying petition in Form No. NCLT-6
  • Synopsis of the Case
  • List of dates (Date of Strike-off, Date of Notices, Date of Incorporation, etc.)
  • Notice of Admission in Form No. NCLT-2
  • Copy of Certificate of Incorporation, Memorandum, and Article of Association
  • Copy of Audited Accounts with Director's report of last three Financial Years
  • Copy of PAN card and Income Tax Return Acknowledgement filed with Income Tax Department (if filed)
  • Copy of Bank Statements of the Company
  • Master Data of the Company
  • Copy of Notice STK-1, STK-5 and STK-7
  • Copy of land deed (in case any land is in the name of the Company and it is reflecting on the Balance Sheet)
  • Demand Draft of Rs.1,000/-(to be submitted along with the documents when filed with NCLT)

All the document should be properly stitched and is to submit to the following departments:-

  • Registrar of Companies (One Set-Xerox)
  • Regional Director (One Set-Xerox)
  • Income Tax Department (One Set-Xerox)
  • National Company Law Tribunal (Three Sets-One Original and two copy Xerox)
  • After Submission of the documents the Tribunal shall hear the Petitioner and Respondent i.e. ROC and take note of the observations/objections. After the hearing, the Tribunal will pass appropriate order i.e. either revival of the name of the company or dismiss the application, as it deems fit.
  • Order– Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that:-
  • The applicant shall deliver a certified copy of the said order to the ROC within 30 days from the date of the order.
  • The Company shall file Form INC-28. After all the process the Company’s status will change from “Strike-off” to “Active” and then the necessary filing is to be done i.e. Filing of Annual Returns (MGT-7, AOC-4 and other e-forms which is applicable

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