Chapter XVIII - Removal of Names of Companies from the Register of Companies
Section 252
Section 252: appeal to Tribunal and restoration of name
Section 252 provides three routes to restore a company struck off under section 248: an appeal within three years, a Registrar’s application within three years, and an application by the company, a member, creditor or workman within twenty years.
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This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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.
Introduction
Restoration reverses a strike-off where the removal was not justified or where it is just to restore. The Tribunal must hear the Registrar, the company and all persons concerned before passing an order.
Once the Tribunal orders restoration, the company files the order with the Registrar within thirty days, and the Registrar restores the name and issues a fresh certificate of incorporation.
Key takeaways
Appeal within three years
Any person aggrieved by the Registrar’s dissolution order may appeal within three years of the order.
Registrar’s own application
Where the name was struck off inadvertently or on incorrect information from the company or directors, the Registrar may apply within three years.
Twenty-year route
The company, a member, creditor or workman may apply before twenty years from the Gazette notice under section 248(5).
Choose the correct route
Under sub-section (1), an aggrieved person appeals within three years of the Registrar’s order; the Tribunal may restore the name if removal was not justified because none of the grounds for the order existed. The second proviso lets the Registrar apply within three years where the strike-off was inadvertent or based on incorrect information furnished by the company or its directors. Sub-section (3) allows the company, a member, creditor or workman to apply before twenty years from the Gazette publication.
Grounds under sub-section (3)
The Tribunal may restore if satisfied that the company was carrying on business or in operation when struck off, or that it is otherwise just to restore. It may give directions and make provisions to place the company and others in the same position, as nearly as may be, as if the name had not been struck off.
After the order
File a copy of the Tribunal order with the Registrar within thirty days of the order. On receipt, the Registrar restores the name and issues a fresh certificate of incorporation. Clear any compliance directions in the order, such as pending filings, that the Tribunal imposes.
Practical preparation
Identify the strike-off order and Gazette notice dates; pick the route and confirm the limitation period; gather evidence of business operation or other grounds; serve and hear the Registrar and persons concerned; file the order within thirty days and comply with any directions.
Practical checklist
Do
- Calculate the three-year and twenty-year periods from the correct start dates.
- Bring evidence of operations at the strike-off date, such as bank statements, tax filings and contracts.
Avoid
- Do not miss the thirty-day filing of the restoration order with the Registrar.
- Do not assume restoration is automatic; the Tribunal hears the Registrar and others first.
Illustrative example
Hypothetical: active company struck off
A company that was trading but behind on annual filings finds it has been struck off.
Route
It applies under section 252 within the applicable period.
Evidence
It shows bank statements, invoices and tax returns proving it was in operation.
Restore
After hearing the Registrar, the Tribunal orders restoration with directions to complete pending filings, and the company files the order within thirty days.
Outcome
- The Registrar restores the name and issues a fresh certificate of incorporation.
Glossary
- Restoration
- Reinstatement of a struck-off company’s name in the register of companies by Tribunal order.
- Workman
- A worker of the company, who is among those entitled to apply under sub-section (3).
Frequently asked questions
What is the time limit to appeal a strike-off?
Three years from the date of the Registrar’s order under section 252(1).
Can a creditor seek restoration?
Yes. Under sub-section (3), a creditor may apply before twenty years from the Gazette notice under section 248(5).
What happens after the Tribunal orders restoration?
The company files the order with the Registrar within thirty days; the Registrar restores the name and issues a fresh certificate of incorporation.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026