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2015 (12) TMI 1845 - HC - Companies LawSeeking restoration of name of Company in the register of companies maintained by the Registrar of Companies - Section 560(6) of the Companies Act, 1956 - HELD THAT:- The notice in respect of action under Section 560 was not sent to the registered office of the company. Consequently, the condition precedent for the initiation of proceedings to strike off the name of petitioner from the Register maintained by the respondent was not satisfied - Looking to the fact that the petitioner is stated to be a running company; and that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court in PURUSHOTTAMDASS VERSUS REGISTRAR OF COMPANIES [1984 (4) TMI 247 - HIGH COURT OF BOMBAY]; it is only proper that the impugned orderof the respondent dated 23.06.2007, which struck off the name of the petitioner from the Register of Companies, be set aside. Looking to the fact that annual returns and balance sheets were not filed for almost twelve years, the primary responsibility for ensuring that proper returns and other statutory documents are filed, in terms of the statute and the rules, remains that of the management. The restoration of the company's name to the Register maintained by the Registrar of Companies will be subject to payment of costs of ₹ 22,000/- to be paid to the common pool fund of the Official Liquidator - petition allowed.
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