Restoration of company name permitted where voluntary strike-off shows no mala fides and statutory compliance for the intervening period is met.

A company struck off at its own request under the easy exit procedure may be restored where it is just to do so; the governing principle requires absence of mala fides or collateral purpose and compliance with statutory requirements for the intervening period. The court accepted that voluntary strike-off followed cessation of business and later revival on renewed opportunities, and ordered restoration effective from the date of removal, subject to the petitioner meeting all statutory obligations arising between removal and restoration.

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Issues: Whether a company whose name was struck off from the register at its own request under the easy exit procedure can be restored to the register under Section 560(6) of the Companies Act, and on what conditions such restoration may be ordered.

Analysis: The petitioner applied for striking off and the Registrar effected removal w.e.f. 26.3.2011; subsequently the board resolved to revive the company and sought restoration. Section 560(6) permits an aggrieved company to seek restoration where it is just to do so. There is no allegation of mala fides or collateral purpose in the petitioner having applied for striking off; the circumstances show the company had ceased business due to difficulties and later sought revival on resumption of business opportunities. Restoration was therefore considered permissible subject to compliance with statutory requirements for the period from the date of striking off until restoration. Reliance was also placed on earlier decision of the Court in CoP No.122/2013 to the same effect.

Conclusion: Restoration of the petitioner company's name in the register is allowed and directed with effect from 26.3.2011, subject to the petitioner complying with all statutory requirements applicable for the intervening period.

Ratio Decidendi: Where a company struck off the register at its own request seeks revival and there is no evidence of fraud or collateral misuse, a court may order restoration under Section 560(6) of the Companies Act if it is otherwise just to do so, subject to statutory compliance for the period of striking off.

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