08 February 2019

Company seeking voluntary removal under Section 248(2) be treated sympathetically

8th February

NCLAT has held that a company seeking voluntary removal of its name from register of companies should be treated sympathetically by the Registrar.

It was held that such company should not be resisted from taking benefits of provisions under Section 248(2) of the Companies Act, 2013 or the Condonation of Delay Scheme, 2018.

 NCLAT in Cayenne developments v. RoC allowed appellant after filing overdue documents to be treated as to have voluntarily removed its name from the register under Section 248(2) instead at the instance of Registrar under Section 248(1).

Delhi High Court decision in Sandeep Singh v. RoC was relied on.

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