Restoration of struck-off company's name justified where assets, liabilities, and corporate records supported revival

A struck-off private limited company sought restoration of its name in the Register of Companies under section 560(6) of the Companies Act, 1956 and the allied company court rules. The Court noted the company's asserted continuing assets and liabilities, maintenance of corporate records and meetings, and stated ability to resume business, while the respondent filed no reply or opposition. On the material placed, restoration was found justified in the interests of justice under the statutory power to restore a struck-off company, and the company's name was restored.

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Issues: Whether the petitioner company was entitled to restoration of its name in the Register of Companies under section 560(6) of the Companies Act, 1956 and the allied company court rules.

Analysis: The petition was supported by averments that the company had been incorporated as a private limited company, had continuing assets and liabilities, maintained corporate records and meetings, and was stated to be capable of resuming business. The respondent did not file a reply or oppose the petition. On the material placed before it, the Court found the prayer to restore the company's name to be justified in the interests of justice under the statutory power to restore a struck-off company.

Conclusion: The petitioner was entitled to restoration of the company's name in the Register of Companies.

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