The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, whose name is to be struck down.
The same was held in the matter of Palaniandavar Benefit Fund Ltd. Vs. Registrar of Companies, Chennai Company Appeal (AT) (Insolvency) No. 183/2018 on 06.12.2018.
The only limited issue in the said appeal was that whether the Registrar of the Companies followed the due process of law as laid under Section 248 of the Companies Act 2013 before striking the name of the company from the records.
The Ld. Tribunal after considering the arguments of the parties held that as per Section 248(1) and 248(4) and under second proviso to the Rule 7(1) of Companies Act, 2013, STK-5 notice was given for removal of names of companies from the Register of Companies and publication of the said notice was given in both Vernacular and English Language. Therefore, under such a circumstance, it cannot be said that proper procedure was not followed and no opportunity was given to the appellant of being heard and principles of natural justice has been complied with.