9911796707
TMI Blog2013 (4) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... om the Register of companies as a penal measure, shall not be available to a company, who has volunteered for the removal of its name from the Register of Companies under the Scheme floated in 2000. Hence this court comes to the conclusion that the present company petition under section 560(6) of the Companies Act, 1956 by the petitioner company deserves to be dismissed. - C.P.No.31 of 2012 - - - Dated:- 3-8-2012 - MR. P.R. SHIVAKUMAR J. For Petitioner: Ms. Rajeni Ramadass For Respondent: Mr. O.V. Krishnan Central Government Standing Counsel ORDER This petition has been filed under section 560(6) of the Companies Act, 1956 for the restoration of the name of the petitioner company, which was struck off from the Register o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatute were held and that the application for restoration of the name has been filed within 20 years, the period prescribed in sub section (6) of section 560 of the Companies Act, 1956. 4. I have heard the arguments made by Ms. Rajeni Ramadass, learned counsel for the petitioner and by Mr. O.V. Krishnan, learned Central Government Standing Counsel for the respondent. This court also perused the petition and connected materials on record. 5. Of course it is true that section 560(6) of the Companies Act, 1956 provides for the restoration of the name of the company, which has been removed from the Register of Companies under sub section (5) of section 560, if an application for the restoration of the name of the company to the Register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 provides for restoration of the name of the company on a petition being presented by the company or a member or a creditor thereof, if such petitioner feels aggrieved by the order of the Registrar removing the name of the company from the Register. The company, having volunteered for the removal of its name from the Register, cannot be said to be an aggrieved person for seeking restoration of its name to the Register of Companies. 8. The learned counsel for the petitioner is not in a position to show any clause in the Scheme providing an option for a company, which got its name struck off from the Register of Companies availing the scheme, to get its name restored to the Register under Sub section (6) of Section 560 of the Companies Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
