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2010 (4) TMI 618 - HIGH COURT OF DELHIRestoration of the name of the petitioner company to the Register of Companies seeked - Held that:- Looking to the facts, it is possible that notice in respect of action under section 560, Companies Act, 1956, was not sent to the registered office of the petitioner-company. Consequently, the condition precedent for the initiation of proceedings to strike the petitioner’s name off the Register of Companies, was not satisfied. At the same time, the petitioner company is stated to be a functioning one, its Director has filed this petition within the stipulated limitation period, and looking to the decision of the Bombay High Court, it is only proper that the impugned order of the respondent, which struck the petitioner’s name off the Register of Companies, be set aside. Accordingly, the petition is allowed. The restoration of the petitioner company’s name to the Register will be subject to the petitioner filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns.
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