Section 313: Duties of Registrar where objection received

313. Duties of Registrar where objection received (1) Where an objection to the removal of a company from the register is made on a ground specified in section 312 (1) (a), (b), or (c), the Registrar shall not proceed with the removal unless the Registrar is satisfied that— (a) the objection has been withdrawn; (b) any facts on which the objection is based are not, or are no longer, correct; or (c) the objection is frivolous or vexatious. (2) Where an objection to the removal of a company from the register is made on a ground specified in section 312 (1) (d), (e), or (l), the Registrar shall give notice to the person objecting that, unless notice of an application to the Court by that person for an order— (a) under section 216 of the Companies Act 1984 that the company be put into liquidation; or (b) under section 314, that, on any ground specified in section 312, the company shall not be removed from the register, is served on the Registrar not later than 28 days after the date of the notice, the Registrar intends to proceed with the removal. (3) Where— (a) notice of an application to the Court under subsection (2) is not served on the Registrar; (b) the application is withdrawn; or (c) on the hearing of such an application, the Court refuses to grant either an order putting the company into liquidation or an order that the company not be removed from the register, the Registrar shall proceed with the removal. (4) Every person who makes an application to the Court under subsection (2) shall give the Registrar notice in writing of the decision of the Court within 7 days of the decision. (5) The Registrar shall send— (a) a copy of an objection under section 312; (b) a copy of a notice given by or served on the Registrar under this section; and (c) where the company is removed from the register, notice of the removal, [Issue 9] C35 – 186 Revised Laws of Mauritius to a person who sent or delivered to the Registrar a request that the company be removed from the register under section 309 (1) (d) or, while acting as liquidator, sent or delivered to the Registrar the documents referred to in section 309 (1) (e).