Company restoration may be granted where business, assets, or pending litigation justify revival, subject to strict compliance and costs.

A struck-off company may be restored to the Register where restoration is just or where the company was still carrying on business, held substantial assets, or had pending litigation that should be brought to conclusion. The Court treated ownership of immovable property and related proceedings as supporting revival, but found repeated failures to file statutory returns, balance sheets, and office-change intimations to show casual compliance. Restoration was therefore granted only on strict conditions, including exemplary costs and full compliance with outstanding statutory filings and formalities.

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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 what conditions should govern such restoration.

Analysis: Restoration under section 560(6) is permissible where the Court is satisfied that the company was in business or otherwise operating when struck off, or where restoration is otherwise just. The company showed that it held substantial properties and had objects relating to acquisition and dealing in immovable property. The Court also treated the pendency of proceedings concerning the company's land as a relevant circumstance favouring restoration, since restoration would enable those matters to be carried to conclusion. At the same time, the Court found the company's non-filing of statutory returns and balance sheets, and failure to intimate change of registered office, to reflect casual and irresponsible compliance. Rule 94 of the Companies (Court) Rules, 1959 was read as permitting costs beyond the ordinary norm, depending on the circumstances.

Conclusion: The company's name was restored to the Register, but only upon payment of exemplary costs and compliance with all outstanding statutory filing requirements and formalities.

Final Conclusion: The petition succeeded in securing revival of the company, but the relief was made conditional upon monetary costs and full statutory compliance.

Ratio Decidendi: A company whose name has been struck off may be restored under section 560(6) of the Companies Act, 1956 if restoration is just or necessary, including where it is carrying on business, owns assets, or has pending litigation, and the Court may impose exemplary costs where the company's statutory defaults show casual non-compliance.

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