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2015 (4) TMI 234 - KARNATAKA HIGH COURTApplication for restoration of company name as per Section 560(6) of the Companies Act - Provision allows restoration only in case of company is aggrieved - Name strike off due to unable to manage affairs of the company - Held that:- It is no-doubt true that sub-section (6) of Section 560 provides that company aggrieved could approach this Court. Further, the said provision itself contains that this Court could consider the same, if it is otherwise just that the company be restored to the register. If this aspect of the matter is kept in view and when there are no allegations against the petitioner company with regard to misdemeanor on their part and the application for striking off the company being sought for any collateral purpose, the claim as put forth by the petitioner considering that striking had been in the circumstance when they were unable to manage the affairs of the company would have to be accepted. In such circumstance, when the board of the company has presently resolved to revive the company and is seeking restoration of its name in the Registrar of Companies, the contention put forth by the petitioner would have to be accepted. In any event, restoration would be subject to the condition that the petitioner company would comply with other statutory requirement for the periods from the date it was struck off till the date of its restoration. - Decided in favour of appellant.
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