Name struck off but firm exists in ROC list

If a company’s name was deleted once and then restored again with Registrar of Companies, the status of the entity would remain same as it was. The same was mentioned by the Delhi High Court recently in an international arbitration case, Value Advisory Services (VAS) vs ZTE Corporation. “The company is a legal juristic entity and that clothes an association of persons with an independent and a separate identity. However, such entity is not a hollow entity; its resources, human as well as material, constitute the substratum of such legal entity. Thus, even though the legal form may disappear, the substratum continues to exist and its form can be resuscitated. Once such order restoring the company to its legal status is passed, such company would be deemed to have been always in existence”, as stated by the Court.

 

If a company’s name was deleted once and then restored again with Registrar of Companies, the status of the entity would remain same as it was. The same was mentioned by the Delhi High Court recently in an international arbitration case, Value Advisory Services (VAS) vs ZTE Corporation. “The company is a legal juristic entity and that clothes an association of persons with an independent and a separate identity. However, such entity is not a hollow entity; its resources, human as well as material, constitute the substratum of such legal entity. Thus, even though the legal form may disappear, the substratum continues to exist and its form can be resuscitated. Once such order restoring the company to its legal status is passed, such company would be deemed to have been always in existence”, as stated by the Court.If a company’s name was deleted once and then restored again with Registrar of Companies, the status of the entity would remain same as it was. The same was mentioned by the Delhi High Court recently in an international arbitration case, Value Advisory Services (VAS) vs ZTE Corporation.

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