The Registrar has suo moto struck off the name of Mithali Sports LLP. Being aggrieved by the order of Registrar, the LLP wants to file an appeal before National Company Law Tribunal (NCLT) for restoration of the name of

The ROC can suo moto after issuing the notice under section 75 of the Limited Liability Partnership Act, 2008, strike off the name of the LLP. In such a case, it may happen that the name of the LLP may be struck off even though the LLP is active, but the ROC removed the name of the LLP from the Register, either inadvertently or due to incorrect information furnished by the LLP or its partners. In such a case, there is no relief provided in the Limited Liability Partnership Act, 2008 or in the Limited Liability Partnership Rules, 2009 to restore the name of the LLP in the Register, hence, the partners of such a LLP have to approach the jurisdictional High Court by filing writ petition under Article 226 of the Constitution of India for restoration of the name of the LLP in the Register of LLP. Unlike procedure for revival of a company enumerated in section 252 (1) and (3) of the Companies Act, 2013, there is no corresponding provision for the revival of LLP's in the Limited Liability Partnership Act, 2008. Therefore, in the case of strike-off of LLP's the ultimate remedy for revival is to file the Writ Petition before the High Court of appropriate jurisdiction. However, in the matter of Lawns Hospitality LLP, the NCLT Chennai Bench has allowed revival of the stuck off LLP on the same parallel lines as that of companies under section 252(3) of the Companies Act, 2013. The procedure that may be followed before NCLT for restoring the name of the LLP is as follows: An application is to be filed before the bench of NCLT where the registered office of the LLP is situated in form NCLT 9, such an application should be accompanied by various documents proving that the LLP is active LLP and that the name of the LLP should be restored in the register. A copy of application or appeal is required to be send to the Registrar concerned. Registrar may send his report to NCLT as to his comments and views on the restoration of the name of the LLP.