2009 (10) TMI 524 - HC - Companies Law

Court orders restoration of struck-off company's name under Companies Act, emphasizing justice

The Court allowed the petition under section 560(6) of the Companies Act, directing the Registrar to restore the petitioner-Company's name in the Register ... Company - Restoration of, struck off by Registrar Issues:Petition under section 560(6) of the Companies Act seeking restoration of company's name in the Register of Companies.Analysis:The petitioner-Company filed a Company Petition under section 560(6) of the Companies Act, seeking direction to restore its name in the Register of Companies. The petitioner was incorporated to carry out business activities related to petrochemicals, pharmaceutical drugs, and other related products. The Company's status was erroneously shown as 'struck off' on the Ministry's website. The petitioner claimed to have no creditors, with only two Directors who were actively involved in the operations of the Company. The petitioner contended that the Company was in operation before the Registrar's order to strike off its name and that the business activities were ongoing. The Company had fixed assets and cash balance as per the audited Balance Sheet.The Court noted that the respondent Registrar did not file a reply nor appeared to oppose the petition. Considering the circumstances and the provisions of section 560(6) of the Act, the Court found merit in the petitioner's case. The Court held that it would be in the interest of justice to order the restoration of the Company's name in the Register of Companies. Therefore, the petition was allowed, directing the Registrar to restore the name of the petitioner-Company in the Register as if it was never struck off. The petitioner was instructed to provide a certified copy of the order to the Registrar for further necessary actions. No costs were awarded in this matter.