Company struck off from Register of Companies u/s 248(5) of ...

Struck-off company can sue debtors, creditors can sue it for liabilities/obligations. Cause of action exists pre-striking off.

Case Laws Companies Law

October 9, 2024

Company struck off from Register of Companies u/s 248(5) of Companies Act, 2013. Section 250 interpreted using golden rule of construction, allowing struck-off company to pursue legal remedies for realization of dues against debtors, crystallized or uncrystallized, arising from liabilities or obligations. Creditors can also pursue legal remedies against struck-off company for payment and discharge of liabilities or obligations arising from contracts or statutory implications. Mere striking-off does not automatically invalidate civil suit filed by company if cause of action existed on date of institution. Struck-off company can pursue remedies in law even after being struck off. Present civil revision petition dismissed.

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Company struck off from Register of Companies u/s 248(5) of ...

Struck-off company can sue debtors, creditors can sue it for liabilities/obligations. Cause of action exists pre-striking off.

Case Laws Companies Law

October 9, 2024

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