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TMI Blog2010 (4) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court, it is only proper that the impugned order of the respondent, which struck the petitioner’s name off the Register of Companies, be set aside. Accordingly, the petition is allowed. The restoration of the petitioner company’s name to the Register will be subject to the petitioner filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. - COMPANY PETITION NO. 432 OF 2009 - - - Dated:- 27-4-2010 - SUDERSHAN KUMAR MISRA, J. Rajat Bhalla for the Petitioner. V.K. Gupta for the Respondent. JUDGMENT 1. This petition has been filed under section 560(6) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les tax returns for the financial year 2007-08, and a copy of the excise return acknowledgement for 2008; have been annexed to this petition. 4. It is further stated by the counsel for the petitioner that the 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 an examination of the reply filed by the respondent, it appears that the address of the registered office of the petitioner-company in the records of the respondent, is correct. The case of the petitioner, inter alia, is that the registered office of the company had first been changed on 2-9-1985 from 19, South Moti Bagh to 41, Friends Colony , and later again on 20-12-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." This decision has been followed by this Court in Deepsone Non-Ferrous Rolling Mills (P.) Ltd. v. Registrar of Companies, NCT of Delhi Haryana [CP No. 285 of 2009], Kakku E P Control (P.) Ltd. v. Registrar of Companies, NCT of Delhi Haryana [2010] 154 Comp. Cas. 408 (Delhi) and Sohal Agencies (P.) Ltd. v. Registrar o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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