Restoration of struck-off company name under the Companies Act depends on sufficient grounds and absence of prejudice to interested parties.

Section 560(6) of the Companies Act, 1956, read with rules 92 to 94 of the Companies (Court) Rules, 1959, permits restoration of a struck-off company's name where sufficient grounds are shown and no prejudice to interested parties is demonstrated. The materials indicated that the company had assets, was said to be in operation, had no creditors, and faced no objection from the Registrar. On that basis, the Court treated restoration as justified in the interest of justice and directed the company's name to be restored in the Register of Companies.

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Issues: Whether the petitioner-company's name, which had been struck off from the register, should be restored under section 560(6) of the Companies Act, 1956 read with rules 92 to 94 of the Companies (Court) Rules, 1959.

Analysis: The petition invoked the statutory power for restoration of a company's name to the register. The materials placed before the Court indicated that the company had assets, claimed to be in operation, had no creditors, and that no prejudice would be caused by restoration. No opposition was filed by the Registrar. On the facts and in view of the statutory framework, the prayer for restoration was found justified in the interest of justice.

Conclusion: The company's name was directed to be restored in the Register of Companies.

Ratio Decidendi: Restoration under section 560(6) of the Companies Act, 1956 is warranted where the company shows continuing business activity or other sufficient grounds and no prejudice to interested parties is demonstrated.

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