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2019 (5) TMI 1495 - AT - Companies LawRestoration of name of Petitioner Company in the name of the Register of Companies - HELD THAT:- The Counsel for the Appellant referred to Judgement of the Hon’ble High Court of Delhi in INDIAN EXPLOSIVES LTD. VERSUS REGISTRAR OF COMPANIES [2010 (4) TMI 1185 - DELHI HIGH COURT] where the Petitioner had Arbitration Award in its favour against Company which had been struck off and it became impossible for the Petitioner to execute the Award and restoration was sought. The Hon’ble High Court referred to another matter decided by the High Court of Madhya Pradesh where it was observed that when suit is pending and is being contested, it is proper to direct restoration of the name of Company, if it is removed. It would be appropriate to restore the name of the Company to the Register of Companies leaving all questions open for the Appellant and Respondents to dispute in the Writ Petition for final adjudication by the Hon’ble the High Court - Striking off of the name of the Company would create difficulties for the Appellant to pursue its remedies before the High Court and in the facts of the matter, when litigation was pending, the name of the Company should not have been struck off. The name of the Appellant Company shall be restored in the Register of Companies to its original status subject to conditions imposed.
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