9911796707
TMI Blog2009 (12) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of the petitioner-company shall then stand set aside. 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. - CO. PETITION NO. 409 OF 2008 - - - Dated:- 2-12-2009 - SUDERSHAN KUMAR MISRA, J. Amit Goel for the Petitioner. Raisuddin Deputy Registrar of Companies for the Regional Director. JUDGMENT Sudershan Kumar Misra, J. This is a petition 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 Registrar of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed. He submits that a perusal of the same shows that the petitioner-company is a running company, that is presently carrying on business and has never been defunct, inoperative or non-functional. Copies of the sales tax registration certificates, copies of the Central excise returns, and acknowledgments of the income-tax returns have been annexed to the petition, in support of this claim. The petitioners have also given details of their sales figures for the last six financial years. 4. Counsel for the petitioner-company submits that, sometime in October 2008, when an attempt was made to file the annual returns and the annual accounts with the respondent, the petitioner came to know that its name had been struck off the registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Bombay High Court in Purushottamdass v. Registrar of Companies, Maharashtra [1986] 60 Comp Cas 154 , in paragraph 20 thereof, wherein it has been held, inter alia , that (page 160) : "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. Accordingly, this petition deserves to be allowed. However, a greater degree of care was certainly required from the petitioner-company in ensuring statutory comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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