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Issues: Whether the name of the company should be restored to the register of companies under Section 247(6) of the Companies Act, 1913 after its removal under Section 247(3) of that Act.
Analysis: The petition was filed while a suit filed by the petitioner against the company was still pending and being contested on behalf of the company. The facts showed that there was a subsisting dispute against the company and that the company was still in operation, though not carrying on business. In these circumstances, the prior removal of the company's name from the register did not justify refusing restoration.
Conclusion: The company's name was directed to be restored to the register of companies, and costs were awarded to the petitioner.
Ratio Decidendi: Where a company is subject to pending contested litigation and remains in operation, its name may be restored to the register if removal would be unjust in the circumstances.
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