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2016 (8) TMI 391 - CALCUTTA HIGH COURTRestoration of company name struck off - Held that:- A company, or any member or creditor as felt aggrieved by the Company having been struck off the Register, the Court might, on an application made by the Company, member or creditor, before expiry of 20 years from the date of publication in the official Gazette of the notice of striking off, the Court might pass orders and/or directions for placing the Company in the same position as nearly as may be, as if the name of the ‘Company’ had not been struck off, provided the Court was satisfied that the Company was, at the time of striking off, carrying on business, or any operation or otherwise satisfied that it was just that the Company be restored to the Register. In view of the assertion made by the erstwhile directors of the Company, including Viswanath Agarwal, in their affidavits and indemnity bonds in support of their prayer for striking off the name of the Company from the Register, the Court could not have been satisfied that the Company was carrying on business or was in operation. The directors including the applicant under Section 560(6) had asserted to the contrary. The Order dated 13th November, 2014 does not disclose the reasons for arriving at the finding that it was just that the Company be restored to the Register. In any case, an application could have been filed under Section 560(6) only if a Company, or any member or creditor felt aggrieved by the Company having been struck off. The Company having been struck off on the prayer of the Company itself and/or its directors, there can be no question of the Company being aggrieved by the striking off. Viswanath Agarwal who had himself prayed for striking off also could not be aggrieved by the striking off. The appeal is dismissed and the judgment and the order under appeal is affirmed
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