Company restoration under section 560(6): struck-off name restored where revival was found just and proper.

A company whose name had been struck off from the register was restored under section 560(6) of the Companies Act, 1956 because the Court was satisfied that restoration was just and proper on the facts placed before it. The petition relied on the cessation of the circumstances that had led to non-commencement of business and closure of activities, together with the interest of the company and its shareholders. In the absence of opposition from the Registrar, the Court directed restoration of the company's name in the register as if it had never been struck off, subject to delivery of a certified copy under rule 93 of the Companies (Court) Rules, 1959.

---

---

Issues: Whether the petitioner company's name, which had been struck off and treated as defunct, should be restored in the register of companies under section 560(6) of the Companies Act, 1956.

Analysis: The petition sought restoration of the company's name on the ground that the circumstances which had led to non-commencement of business and closure of activities no longer existed and that revival was in the interest of the company and its shareholders. The statutory power under section 560(6) of the Companies Act, 1956 permits restoration where the Court is satisfied that it is just and proper to do so. In the absence of opposition from the Registrar and considering the circumstances placed before it, the Court found restoration to be warranted. The directions also required compliance with rule 93 of the Companies (Court) Rules, 1959 by delivery of a certified copy of the order to the Registrar.

Conclusion: The company's name was ordered to be restored in the register of companies, as if it had never been struck off.

---