Company restoration to the register allowed subject to compliance, late filings, and tailored costs for prolonged statutory defaults.

Restoration of a company's name to the Register of Companies was justified where the petition was filed within the statutory 20-year period and the company had been functioning, but the Court required strict compliance because statutory returns, balance sheets and change-of-office intimations had long been neglected. The Court held that restoration could be granted in the interests of justice, while imposing tailored costs under the Companies (Court) Rules rather than limiting costs to ordinary Registrar charges. Restoration was allowed subject to filing all outstanding documents, payment of late fees and charges, exemplary costs to the Official Liquidator's fund, and payment to the Registrar, with liberty preserved to proceed for any further penal default.

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Issues: Whether the company's name should be restored to the Register of Companies under section 560(6) of the Companies Act, 1956, and on what terms, including costs and compliance conditions.

Analysis: The petition was filed within the 20-year period under section 560(6). The material showed that the company had been functioning, but its statutory returns and balance sheets had not been filed for several years, and the Registrar had struck off its name after following the prescribed procedure. The Court held that restoration was justified in the interests of justice because the company could continue to function, but it also found serious negligence in compliance and in failing to intimate the change of registered office. The Court further held that, under rule 94 of the Companies (Court) Rules, 1959, costs could be tailored to the circumstances rather than confined to the Registrar's ordinary costs.

Conclusion: Restoration of the company's name was allowed, subject to filing all outstanding statutory documents, payment of late fees and charges, payment of Rs. 50,000 as exemplary costs to the common pool fund of the Official Liquidator, and payment of Rs. 25,000 to the Registrar of Companies. Liberty was reserved to proceed with penal action for any default under section 162 of the Companies Act, 1956.

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