https://www.taxtmi.com/caselaws?id=280938 Restoration of a struck-off company under section 560(6) of the Companies Act, 1956 requires proof that the company was carrying on business or otherwise in operation when removed from the register, or that restoration is otherwise just. Here, prolonged non-filing of statutory returns, the company's own admission of non-operation, and the takeover of the textile undertaking showed that it was not in operation at the relevant time. The Tribunal also found no sufficient basis for the discretionary ground of "otherwise just," as restoration was sought mainly for collateral proceedings and no member, creditor, or public interest required revival. Restoration was refused. en-us Wed, 30 May 2018 00:00:00 +0530 Tue, 28 May 2019 07:27:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280938 Restoration of a struck-off company under section 560(6) of the Companies Act, 1956 requires proof that the company was carrying on business or otherwise in operation when removed from the register, or that restoration is otherwise just. Here, prolonged non-filing of statutory returns, the company's own admission of non-operation, and the takeover of the textile undertaking showed that it was not in operation at the relevant time. The Tribunal also found no sufficient basis for the discretionary ground of "otherwise just," as restoration was sought mainly for collateral proceedings and no member, creditor, or public interest required revival. Restoration was refused. Case-Laws Companies Law Wed, 30 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280938