Appeal to Tribunal
Section 252 of the Companies Act, 2013 deals with appeal to Tribunal. Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from The Act came into force on 01 Apr 2014.
(1) Any person aggrieved by an order of the Registrar, notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the register of companies is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the register of companies:
Provided that before passing any order under this section, the Tribunal shall give a reasonable opportunity of making representations and of being heard to the Registrar, the company and all the persons concerned :
Provided further that if the Registrar is satisfied, that the name of the company has been struck off from the register of companies either inadvertently or on the basis of incorrect information furnished by the company or its directors, which requires restoration in the register of companies, he may within a period of three years from the date of passing of the order dissolving the company under section 248, file an application before the Tribunal seeking restoration of name of such company.
(2) A copy of the order passed by the Tribunal shall be filed by the company with the Registrar within thirty days from the date of the order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation.
(3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed 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 from the register of companies.
Section 252, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri Hari Prasad Venkata Subrahmanya Mandavilli v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 02.08.2022 (order-1.pdf): Court extracted s.252 and held it is the appeal/restoration forum against s.248 strike-off/dissolution, NOT an alternative remedy against director disqualification or DIN deactivation; rejected State’s alternative-remedy objection and set aside retrospective s.164(2) disqualification/DIN deactivation (with liberty to use s.252 only for strike-off grievances).
On this section: s.252 scope clarified — appeal/restoration against s.248 dissolution/strike-off only; cannot be forced as alternative remedy for DIN/disqualification challenges.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… will be at liberty to cancel or deactivate the DINs of the petitioners for any reasons laid down in Rule 11 of the Companies (Appointment and Qualifications of Directors) Rules, 2014. 9. Where the names of any Companies stand struck off, the petitioners in respect of such Companies are at liberty to invoke Section 252 of the Companies Act, 2013 to challenge striking off the names of their Companies from the Register of Companies and to resort to legal remedies available to them, to challenge their disqualification for holding the office of Director." The issue raised in this writ petition is covered by the judgment of this …
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… will be at liberty to cancel or deactivate the DINs of the petitioners for any reasons laid down in Rule 11 of the Companies (Appointment and Qualifications of Directors) Rules, 2014. 9. Where the names of any Companies stand struck off, the petitioners in respect of such Companies are at liberty to invoke Section 252 of the Companies Act, 2013 to challenge striking off the names of their Companies from the Register of Companies and to resort to legal remedies available to them, to challenge their disqualification for holding the office of Director." The issue raised in this writ petition is covered by the judgment of this …
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… will be at liberty to cancel or deactivate the DINs of the petitioners for any reasons laid down in Rule 11 of the Companies (Appointment and Qualifications of Directors) Rules, 2014. 9. Where the names of any Companies stand struck off, the petitioners in respect of such Companies are at liberty to invoke Section 252 of the Companies Act, 2013 to challenge striking off the names of their Companies from the Register of Companies and to resort to legal remedies available to them, to challenge their disqualification for holding the office of Director." The issue raised in this writ petition is covered by the judgment of this …
Made under this section, and citing it
5 instruments name this provision in its title or its text without being made under it.
- Notificatiion- Commencment of sections 248 to 252 of Companies Act, 2013Notification 2016
- Clarification-Condonation of Delay Scheme, 2018Circular 2018
- Condonation of Delay Scheme 2018Circular 2018
- Condonation of Delay Scheme 2018Circular 2017
- National Company Law Tribunal (Amendment) Rules,2017Rule 2017
Questions about Section 252
What have the courts held on Section 252 of the Companies Act?
Sri Hari Prasad Venkata Subrahmanya Mandavilli v. Union of India (02 Aug 2022) is the leading judgment on this section among those set out below: s.252 scope clarified — appeal/restoration against s.248 dissolution/strike-off only; cannot be forced as alternative remedy for DIN/disqualification challenges.
How do I find court cases under Section 252 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 252, section 252 Companies Act, section 252 of the Companies Act. People searching for it also type companies act 2006 section 252. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sri Hari Prasad Venkata Subrahmanya Mandavilli v. Union of India (02 Aug 2022).
What should I read with Section 252 of the Companies Act, and has it changed?
Its own text turns on section 248 (Power of Registrar to remove name of company from register of companies), so none of them can safely be read on its own. 5 instruments name it without being made under it, most recently Notificatiion- Commencment of sections 248 to 252 of Companies Act, 2013 (2016), then Clarification-Condonation of Delay Scheme, 2018 (2018).
When did Section 252 of the Companies Act come into force?
Section 252 of the Companies Act, cited as Companies Act 252, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.