TMI Blog2010 (4) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... trar of Companies, have been placed on record as well. Consequently, the restoration of the company’s name to the Register maintained by the Registrar of Companies will be subject to the payment of ₹ 22,000 as costs, payable to the Registrar of Companies within 3 weeks from today. The impugned order dated 31-5-2007 for striking off the name of the petitioner-company shall then stand set aside. - CO. PETITION NO. 166 OF 2009 - - - Dated:- 7-4-2010 - SUDERSHAN KUMAR MISRA, J. Mahesh Sukhija for the Petitioner. V.K. Gupta for the Respondent. ORDER 1. This petition has been filed under section 560(6) of the Companies Act, 1956, seeking restoration of the name of the petitioner No. 1 on the Register of Compani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, as per the provisions of the Companies Act, 1956. In support of this statement, certified copies of the audited annual accounts for the financial years ending 31-3-2002 to 31-3-2008, have been annexed to this petition. 6. It is further stated by the counsel for the petitioners that they did not receive any show-cause notice, nor were they afforded any opportunity of being heard before the aforesaid action was taken by the respondent. However, the address of the registered office of the petitioner-company in the records of the respondent is the same as that stated by the petitioners. In the circumstances, the petitioners are presumed to have been served the requisite notices under section 560 of the Companies Act, 1956. 7. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies [1986] 60 Comp. Cas. 154, in paragraph 20 thereof, has held, inter alia, that : "The object of section 560(6) of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of carrying on the business only after the Company Judge is satisfied that such restoration is necessary in the interests of justice." 10. Accordingly, this petition deserves to be allowed. However, a greater degree of care was certainly required from the petitioner-company in ensuring statutory compliances. Looking to the fact that the annual returns for the period 30-9-1999 to 30-9-2008, as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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