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2008 (5) TMI 403 - HC - Companies Law

Issues:
- Restoration of company's name in the register of companies under section 560(6) of the Companies Act, 1956.

Analysis:
The petitioners, a company incorporated under the Companies Act, 1956, sought directions under section 560(6) to restore their name in the register of companies. The company, incorporated in 1992, faced financial difficulties due to market recession and significant losses from 2000 to 2003. Consequently, the previous management applied to strike off the company's name from the register. However, before the Registrar of Companies made a decision on the application, a change in management occurred. The new management, considering improved business prospects, decided to revive the company and communicated this decision to the Registrar of Companies. Despite this, the company's name was struck off from the register on 28-10-2006.

The company, represented by Petitioner No. 1, now sought restoration of its name in the register. The Registrar of Companies, through Mr. Baldev Malik, Advocate, expressed no objection to the restoration, subject to the payment of additional fees for filing statutory returns for the default period. The court directed the Registrar of Companies to restore the company's name in the register upon payment of the additional fee as determined by the Registrar in accordance with the rules.

 

 

 

 

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