1. An application under sub-section (2 ) of section 248 on behalf of a company shall not be made if, at any time in the previous three months, the company—
a. has changed its name or shifted its registered office from one State to another;
b. has made a disposal for value of property or rights held by it, immediately before cesser of trade or otherwise carrying on of business, for the purpose of disposal for gain in the normal course of trading or otherwise carrying on of business;
c. has engaged in any other activity except the one which is necessary or expedient for the purpose of making an application under that section, or deciding whether to do so or concluding the affairs of the company, or complying with any statutory requirement;
d. has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded; or
e. is being wound up under Chapter XX, whether voluntarily or by the Tribunal.
2. If a company files an application under sub-section (2 ) of section 248 in violation of sub-section (1 ), it shall be punishable with fine which may extend to one lakh rupees.
3. An application filed under sub-section (2 ) of section 248 shall be withdrawn by the company or rejected by the Registrar as soon as conditions under sub-section (1 ) are brought to his notice.
Legal Commentary & Landmark Judgments: Section 249
Section 249 of the Companies Act, 2013 delineates mandatory negative conditions precedent that prohibit a company from applying for fast-track removal of its name under Section 248(2), guarding against the fraudulent use of administrative strike-off to evade creditor scrutiny, ongoing litigation, or corporate restructuring.
Prior to submitting Form STK-2, conduct a mandatory 90-day compliance review of the company's ledger and RoC records to ensure no cross-state registered office shifts or commercial sales occurred. Creditors contesting a strike-off should obtain banking records demonstrating trading within the 3-month window and apply under Section 249(2) for mandatory administrative rejection by the RoC.