Restoration of struck-off company names may be granted for ongoing businesses, subject to compliance and costs.

A company struck off the register may be restored where it demonstrates that it remains a going concern and that revival serves the interests of justice. The Delhi High Court noted supporting records such as audited accounts and tax acknowledgments, and the petition was filed within limitation. It also accepted that restoration could be conditioned on filing outstanding statutory documents, payment of applicable fees, and costs, reflecting the principle that revival under section 560(6) is available to protect the company, its members, and creditors while ensuring compliance with statutory formalities.

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Issues: Whether the name of a company struck off the register under section 560 of the Companies Act, 1956 should be restored under section 560(6), and whether restoration should be made subject to compliance with filing requirements and costs.

Analysis: The company showed that it was a running concern, had audited accounts, sales tax and excise records, and income-tax acknowledgments, and had moved the petition within the prescribed limitation period. The Registrar raised no serious objection to revival, provided all outstanding statutory documents were filed with applicable fees. Restoration under section 560(6) is intended to give the company, its members, and creditors an opportunity to revive the company where restoration is necessary in the interests of justice. The Court also noted that costs ordinarily follow the petition under rule 94 of the Companies (Court) Rules, 1959.

Conclusion: The company's name was ordered to be restored to the register, subject to payment of costs and completion of all statutory formalities, including late fees and other charges.

Ratio Decidendi: A company struck off from the register may be restored under section 560(6) of the Companies Act, 1956 where it is shown to be a continuing business and restoration is in the interests of justice, subject to compliance with statutory formalities and appropriate costs.

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