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TMI Blog2010 (4) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent, have also been placed on record. Consequently, the restoration of the petitioner’s name to the Register maintained by the respondent will be subject to the payment of costs of ₹ 25,000, and the completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late deposit of statutory documents. - COMPANY PETITION NO. 347 OF 2009 - - - Dated:- 7-4-2010 - SUDERSHAN KUMAR MISRA, J. Ashish Midha for the Petitioner. V.K. Gupta for the Respondent. JUDGMENT 1. This petition has been filed under section 560(6) of the Companies Act, 1956, seeking restoration of the name of the company on the Register of Companies maintained by the Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the year ending 2008, have been annexed to this petition. 4. It is further stated by the counsel for the petitioner that the petitioner-company did not receive any show-cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the respondent. On examination of the annexures, it appears the address of the registered office of the petitioner-company in the records of the respondent is correct. In the circumstances, the petitioners are presumed to have been served the requisite notices under section 560 of the Companies Act, 1956. 5. It is stated by counsel for the petitioner that the present petition is within the limitation period stipulated by section 560(6) of the Companies Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n record. 8. Looking to the fact that the petitioner is a running company, that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court in Purushottamdas v. Registrar of Companies [1986] 60 Comp. Cas. 154 , in paragraph 20 thereof, wherein it has been held, inter alia , that : "The object of section 560(6) of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of carrying on the business only after the company judge is satisfied that such restoration is necessary in the interests of justice." 9. This peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e payment of costs, as aforesaid, and the completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late deposit of statutory documents. The name of the petitioner-company, its directors and members shall, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off, in accordance with section 560(6) of the Companies Act, 1956. 13. Liberty is granted to the respondent to proceed with the necessary penal action against the petitioner, if so advised, on account of the petitioner s alleged default in compliance with section 162 of the Companies Act, 1956. 14. The petition and the application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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