American Trading Ltd. to whom ₹ 2,00,000 was due and payable by ABC Pvt. Ltd. against their supply of material in the year 2015 was shocked to find that the name of ABC Pvt. Ltd. has been struck off by the Registrar of C
CS Executive · Company Law · PYQS · December 2017
American Trading Ltd. to whom ₹ 2,00,000 was due and payable by ABC Pvt. Ltd. against their supply of material in the year 2015 was shocked to find that the name of ABC Pvt. Ltd. has been struck off by the Registrar of Companies under Section 248 of the Companies Act, 2013. Advise American Trading Ltd. as to how it should proceed for recovering its dues as an unpaid creditor.
Answer & Explanation:
According to Section 248(7), the striking-off the name of a company does not materially affect the creditors of the company because such creditors may enforce their claims against every director or other officer of the company and against every member of the company as if the name of the company had not been struck-off. In the present case, American Trading Ltd. is in the position of an unpaid creditor. As such they can enforce their claim for payment of their dues against every director, manager, officer and also against every member of the company, as if the name of the company had not been struck-off. Since the goods were supplied only in 2015, the debt is not barred by the Law of Limitation. If they fail to recover the dues in the above manner, they may approach the Court/ Tribunal to seek winding up of the company under Section 248(8).
Topics: Removal of Name of Company
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