COMPANIES ACT, 1928

705

295.—(1) Where the registrar of companies has reasonable cause
to believe that a company is not carrying on business or in operation,
he may send to the company by post a letter inquiring whether the
company is carrying on business or in operation.

(2) If the registrar does not within one month of sending the
letter receive any answer thereto, he shall within fourteen days after
the expiration of the month send to the company by post a registered
letter referring to the first letter, and stating that no answer thereto
has been received, and that if an answer is not received to the second
letter within one month from the date thereof, a notice will be
published in the Gazette with a view to striking the name of the
company off the register.

(3) If the registrar either receives an answer to the effect that
the company is not carrying on business or in operation, or does not
within one month after sending the second letter receive any
answer, he may publish in the Gazette, and send to the company by
post, a notice that at the expiration of three months from the date
of that notice the name of the company mentioned therein will, unless
cause is shown to the contrary, be struck off the register and the
company will be dissolved.

(4) If, in any case where a company is being wound up, the
registrar has reasonable cause to believe either that no liquidator is
acting, or that the affairs of the company are fully wound up, and
the returns required to be made by the liquidator have not been made
for a period of six consecutive months, the registrar shall publish in
the Gazette and send to the company or the liquidator, if any, a like
notice as is provided in the last preceding subsection.

{5) At the expiration of the time mentioned in the notice the
registrar may, unless cause to the contrary is previously shown by
the company, strike its name off the register, and shall publish
notice thereof in the Gazette, and on the publication in the Gazette
of this notice the company shall be dissolved:

Provided that—

(a) the liability, if any, of every director, managing officer,
and member of the company shall continue and may
be enforced as if the companv had not been dissolved;
and
nothing in this subsection shall affect the power of the
court to wind up a company the name of which has been
struck off the register.

(6) If a company or any member or creditor thereof feels
aggrieved by the company having been struck off the register, the
court on an application made by the company or member or creditor
before the expiration of twenty years from the publication in the
Gazette of the notice aforesaid may, if satisfied that the company
was at the time of the striking off carrying on business or in operation,
or otherwise that it is just that the company be restored to the
register, order the name of the company to be restored to the
register, and upon an office copy of the order being delivered to the

b)

Registrar may
strike defunct
company off
register.