Restoration of struck-off company name allowed where incorporation, business activity, and financial records supported the claim.

A company struck off the register may be restored where the applicant shows incorporation, prior business activity, and supporting financial records. On the materials filed, including audited balance sheets and cash balance statements, the Court found a sufficient basis for restoration under section 560(6) of the Companies Act, 1956 read with Rules 92 to 94 of the Companies (Court) Rules, 1959. In the absence of any opposition from the Registrar of Companies, the petition was allowed and the company's name was directed to be restored in the register of companies.

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Issues: Whether the petitioner-company was entitled to restoration of its name in the register of companies after it had been struck off.

Analysis: The petition was presented under section 560(6) of the Companies Act, 1956 read with rules 92 to 94 of the Companies (Court) Rules, 1959. The material placed before the Court showed that the company had been incorporated, had carried on business, and was supported by audited balance sheets and cash balance statements. There was no appearance on behalf of the Registrar of Companies to oppose the prayer. On the averments made, the Court found that a case for restoration was made out.

Conclusion: The petitioner-company was entitled to restoration of its name in the register of companies.

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