Restoration of struck-off company permitted where the Registrar of Companies raises no objection and procedural requirements are met

A struck-off company may be restored to the Register of Companies and revived to active status under Section 560(6) of the Companies Act, 1956, where the Registrar of Companies raises no objection and the prescribed procedural requirements are satisfied. The restoration is to be accompanied by the steps required under the relevant rules, including filing a certified copy of the order and publication in the Gazette. On that basis, the company's status is revived and the petition is allowed.

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Issues: Whether the company, which had been struck off, should be restored to the Register of Companies and revived to active status under Section 560(6) of the Companies Act, 1956 read with the Company (Court) Rules, 1959.

Analysis: The application sought restoration of the company to its active status and to the register maintained by the Registrar of Companies. The Registrar of Companies conveyed that there was no objection to the restoration. In these circumstances, the statutory basis for restoration was satisfied and directions could be issued to revive the company's status, with consequential compliance steps under the relevant rules, including delivery of a certified copy of the order and publication of the order in the Gazette.

Conclusion: The company was restored to active status and the petition was allowed.

Ratio Decidendi: Where the Registrar of Companies raises no objection, the Court may restore a struck-off company to the register under Section 560(6) of the Companies Act, 1956, subject to compliance with the prescribed procedural requirements.

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