Company name restoration after strike-off depends on timely petition, business activity, and management responsibility for statutory compliance.

A company name struck off for non-filing of statutory documents was restored to the register under section 560(6) of the Companies Act, 1956 because the petition was filed within the statutory period and the material showed that the company had been carrying on business. The note stresses that restoration can be justified in the interests of justice, but the primary duty to ensure filing of annual returns and balance-sheets remains with management, and prolonged default cannot be treated as a mere employee lapse. Restoration may also be made subject to costs and completion of outstanding statutory formalities.

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Issues: Whether the company's name, struck off the register for non-filing of statutory documents, should be restored under section 560(6) of the Companies Act, 1956.

Analysis: The petition was filed within the statutory period for restoration. The material showed that the company had been carrying on business and that the non-filing of annual returns and balance-sheets had occurred over a long period. The Court accepted that restoration was justified in the interests of justice, but emphasised that primary responsibility for statutory compliance remained with the management and that the default could not be treated as a mere employee lapse. The Court also noted the principle that restoration orders may carry costs under the Companies (Court) Rules, 1959.

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

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