Restoration of struck-off company depends on going concern status, statutory compliance, and payment of costs and dues.

A struck-off company may be restored to the register where it is shown to be a going concern and restoration is justified in the interests of justice, even if statutory returns and balance-sheets were not filed. The court treated the filing defaults as matters primarily within management responsibility and ordered restoration subject to compliance with outstanding statutory formalities, including payment of costs, late fees and other leviable charges. The striking-off was set aside, with the company, its directors and members restored to the register, while liberty was reserved to proceed separately for any other statutory default.

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Issues: Whether the petitioner-company's name, which had been struck off the register for non-filing of statutory returns and balance-sheets, should be restored under section 560(6) of the Companies Act, 1956, and on what terms.

Analysis: The petition was filed within limitation and the company asserted that it was an active going concern. The material showed that annual accounts had been prepared and audited, though the statutory filings had not been made. The Court treated the failure to file as a matter for which the management retained primary responsibility under the Companies Act, 1956, and accepted that restoration was justified in the interests of justice. The Court also noted the applicability of costs under rule 94 of the Companies (Court) Rules, 1959, and directed compliance with all outstanding statutory formalities, including payment of late fees and other leviable charges.

Conclusion: The company's name was directed to be restored to the register under section 560(6) of the Companies Act, 1956, subject to payment of costs and completion of requisite filings and formalities.

Final Conclusion: The striking-off order was set aside and the company, its directors and members were restored to the register, with liberty reserved to the respondent to take action for any separate statutory default.

Ratio Decidendi: Restoration under section 560(6) is warranted where the company is shown to be a going concern and restoration is necessary in the interests of justice, subject to compliance with statutory filing requirements and costs.

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