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2015 (4) TMI 234

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..... rovides that company aggrieved could approach this Court. Further, the said provision itself contains that this Court could consider the same, if it is otherwise just that the company be restored to the register. If this aspect of the matter is kept in view and when there are no allegations against the petitioner company with regard to misdemeanor on their part and the application for striking off .....

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..... J. For The Appellant : Rajini V. For The Respondent : Ms. Prema Hatti ORDER 1. The petitioner is before this Court in this petition filed under Section 560(6) of the Companies Act. They are seeking a direction to the respondent to restore the name of the petitioner company in the register of the Registrar of Companies w.e.f. 26.3.2011, the date on which the petitioner company w .....

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..... any is to be restored. It is in that view, the petitioner has approached the respondent. The petitioner in that view has sought for the prayer as made in the instant petition. 3. The respondent who was notified has filed the objection statement. It is contended that the striking off the name of the petitioner from the register was not on account of any proceedings initiated by the respondent, b .....

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..... ring certain business difficulties and lack of business, it thought it fit to close down the business. It this in that view, the company has been struck off from the register w.e.f. 26.3.2011. It is no-doubt true that sub-section (6) of Section 560 provides that company aggrieved could approach this Court. Further, the said provision itself contains that this Court could consider the same, if it i .....

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..... titioner company would comply with other statutory requirement for the periods from the date it was struck off till the date of its restoration. In that view, I see no impediment to grant the relief sought for by the petitioner. In this regard, I am also fortified by the decision taken by this Court on 29.10.2013 in CoP No.122/2013. 6. Hence, a direction is issued to the Registrar of Companies .....

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