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Can we use the name of strike off co. to form new company?

Nidhi Jain (CS ) (987 Points)

28 March 2012

can any one give the answero above querry? This is very urgent

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2 Replies

Shridhi Jain (Company Secretary) (1678 Points)
Replied 29 March 2012

You can get the name of strike off company, but not immediately after the strike off.

You have to wait for some time, may be two years.

Jyoti Lata (Trainee) (25 Points)
Replied 29 March 2012

Hi..Nidhi

As per Sec 560(6) of the Companies Act, 1956 If a company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register, the [Tribunal](Substituted by Act 11 of 2003, sec 114 for "court"), on an application made by the company, member or creditor before the expiry of twenty years from the publication in the Official Gazette of the notice aforesaid, may, if satisfied that the company was, at the time of the striking off, carrying on business or in operation or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register; and the [Tribunal] may, by the order, give such directions and make such provisions as seem 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. And according to Sec 560(7) Upon a certified copy of the order under sub-section (6) being delivered to the Registrar for registration, the company shall be deemed to have continued in existence as if its name had not been struck off.

So, If You want to use the name of Strike off Company to form a new Company you have to take the permission of Court (High Court) as the Tribunal is not in an existence..

Thanks & Regards,

Jyoti