Companies Act, 2013
251.
Fraudulent
application for removal of name.
1. Where it is found
that an application by a company under sub-section (2 ) of section 248
has been made with the object of evading the liabilities of the company or with
the intention to deceive the creditors or to defraud any other persons, the
persons in charge of the management of the company shall, notwithstanding that
the company has been notified as dissolved—
a.
be
jointly and severally liable to any person or persons who had incurred loss or
damage as a result of the company being notified as dissolved; and
b.
be
punishable for fraud in the manner as provided in section 447 .
2. Without prejudice to
the provisions contained in sub-section (1 ), the Registrar may also
recommend prosecution of the persons responsible for the filing of an
application under sub-section (2 ) of section 248.