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Companies Law - Highlights / Catch Notes

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The SC dismissed an appeal concerning restoration of a company's ...


Section 252(3) Appeal Dismissed: Court Rejects Company's Name Restoration Due to Excessive Procedural Delays

March 27, 2025

Case Laws     Companies Law     SC

The SC dismissed an appeal concerning restoration of a company's name to the Register under Section 252(3) of the Companies Act, 2013. Despite the appellant's valid argument that time spent pursuing a review petition should be excluded, the Court noted significant delays at every procedural stage: four months in filing the restoration application, five months in filing the review petition after NCLT dismissal, and over one year in appealing to NCLAT after the review petition was rejected. The SC upheld NCLAT's refusal to condone the delay, noting Section 421 of the Companies Act only permits condonation for delays up to forty-five days, and the appellant provided no justification for the extensive delays.

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