You are viewing the translated version of दर्ता खारेज भएको कम्पनीको दर्ता पुनस्र्थापना.
Section 137
Restoration of registration of a company whose registration has been canceled
: (1) In case of cancellation of the registration of a company in accordance with sub-section (5) of section 136, the company or its shareholders or creditors shall file a cause before the court to restore the company within five years from the date of publication of the notice of cancellation of the company. If an open petition is filed, the court may order the reinstatement of the company and restore its name in the company register in the following cases:-
(a) If it appears that the registration of such company has been revoked while the company is conducting its business,
(b) If the court deems it just to restore the name of such company in order to properly arrange the rights and liabilities of the company.
(2) If the company is re-established by the order of the court in accordance with sub-section (1), the company shall be deemed to be in existence from the date of registration.
(3) When issuing an order in accordance with sub-section (1), the court may order the company and all other persons to issue the order deemed appropriate and make the necessary arrangements to bring the company's registration back to the status quo as if the company's registration had not been cancelled.
(4) If a fine as per section 81 is required to be paid due to the restoration of the company in accordance with sub-section (1), the company will be restored and re-registered in the company registration book only after the fine has been submitted to the office.
(5) If a company whose registration has been revoked in accordance with section 136 is reinstated in accordance with this section, such company shall get back the following assets:-
(a) Property received as a shareholder of the company as per sub-section (8) of section 136 due to cancellation of company registration,
(b) If the property as per clause (a) has been sold, the amount received in case of sale. However, the property or amount that has been spent to pay the creditor's debt or liability cannot be returned.
(a) If it appears that the registration of such company has been revoked while the company is conducting its business,
(b) If the court deems it just to restore the name of such company in order to properly arrange the rights and liabilities of the company.
(2) If the company is re-established by the order of the court in accordance with sub-section (1), the company shall be deemed to be in existence from the date of registration.
(3) When issuing an order in accordance with sub-section (1), the court may order the company and all other persons to issue the order deemed appropriate and make the necessary arrangements to bring the company's registration back to the status quo as if the company's registration had not been cancelled.
(4) If a fine as per section 81 is required to be paid due to the restoration of the company in accordance with sub-section (1), the company will be restored and re-registered in the company registration book only after the fine has been submitted to the office.
(5) If a company whose registration has been revoked in accordance with section 136 is reinstated in accordance with this section, such company shall get back the following assets:-
(a) Property received as a shareholder of the company as per sub-section (8) of section 136 due to cancellation of company registration,
(b) If the property as per clause (a) has been sold, the amount received in case of sale. However, the property or amount that has been spent to pay the creditor's debt or liability cannot be returned.