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2017 (4) TMI 979 - HC - Companies LawRestoration of name of the petitioner to the Register under Section 560(6) - Held that:- The only objection raised by the Registrar of Companies is that in case, an order is passed for revival of the company, the same shall be subject to the filing of all overdue documents, statutory filing, namely, Annual Return and Balance Sheet from the date of default by the petitioner company with the respondent. Therefore, if the petitioner is able to file all the overdue documents as called for by the Registrar of Companies, it is for the Registrar of Companies to consider as to whether the company can be revived. Therefore, at this juncture, the question of issuing a positive direction for reviving the company does not arise and this Court can only direct the Registrar of Companies to consider the application or the request made by the petitioner for revival of the company subject to statutory compliances as may be required by the Registrar of the Companies. In the result, this Petition is disposed of giving liberty to the petitioner to file an application before the Registrar of Companies along with a copy of this Order seeking revival of the company and if such application is filed, the Registrar of the Companies shall consider the same in accordance with the provisions of the Companies Act and the rules framed thereunder within a period of four weeks from the date of filing such application complete in all respects.
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