https://www.taxtmi.com/caselaws?id=233602 Restoration of a struck off company under Section 560(6) is a discretionary remedy that should ordinarily be granted where the company was in operation and restoration is just. A third party cannot block restoration merely by alleging prejudice to its monetary claim, especially where an alternative remedy remains available in execution, and the balance sheet evidence prima facie supported creditor status. The plea of res judicata failed because the earlier restoration proceedings were between the company and the ROC, while the later applicants were not parties or privies to that lis. On these grounds, the challenge to restoration was rejected. en-us Thu, 14 Mar 2013 00:00:00 +0530 Wed, 08 May 2013 05:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233602 Restoration of a struck off company under Section 560(6) is a discretionary remedy that should ordinarily be granted where the company was in operation and restoration is just. A third party cannot block restoration merely by alleging prejudice to its monetary claim, especially where an alternative remedy remains available in execution, and the balance sheet evidence prima facie supported creditor status. The plea of res judicata failed because the earlier restoration proceedings were between the company and the ROC, while the later applicants were not parties or privies to that lis. On these grounds, the challenge to restoration was rejected. Case-Laws Companies Law Thu, 14 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233602