Mithali sports LLP has been struck off by Registrar of Companies. One of its unsecured creditors has approached you to know his eligibility in making application for revival of struck off LLP. Also brief with the procedu
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2019
Mithali sports LLP has been struck off by Registrar of Companies. One of its unsecured creditors has approached you to know his eligibility in making application for revival of struck off LLP. Also brief with the procedures for the revival of struck off LLP.
Answer & Explanation:
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 LLPs in the Limited Liability Partnership Act, 2008. Therefore, in the case of strike-off of LLPs the ultimate remedy for revival is to file the Writ Petition before the High Court of appropriate jurisdiction. However, in the recent 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.
Topics: LLP
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