2010 (10) TMI 1221 - HC - Companies Law

Summary

Issues involved: Application for restoration of a company to active status under Section 560(6) of the Companies Act, 1956 read with Rule 6, 9, 92, 93, and 94 of the Company (Court) Rules, 1959.

Judgment Summary:

Issue 1: Restoration of Company to Active Status
The application was filed under Section 560(6) of the Companies Act, seeking restoration of the company to its active status and in the Register maintained by the Registrar of Companies, Shillong. The Registrar of Companies had no objection to the restoration, as confirmed by the instruction received by the learned Asstt. Solicitor General of India. The Court directed the revival of the company to 'Active' status from the 'strike off' status. The petitioners were instructed to comply with the provisions of Rule 92 and 93 of the Rules for necessary steps to be taken.

The petition was allowed, and the petitioners were directed to provide a certified copy of the court's order to the Registrar of Companies within 7 days. Upon receipt, the Registrar of Companies was to take steps to restore the company to its original status by advertising the Court's order in the Gazette. The case record was to include a copy of the instruction from the Registrar of Companies dated 30.7.2010.

This judgment highlights the process and requirements for restoring a company to active status as per the relevant provisions of the Companies Act and Company (Court) Rules.