DECCAN CONVERYORS (P.) LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The petitioner is before this Court in this petition filed under Sec. 560(6) of the Companies Act. They are seeking a direction to the respondent to restore the name of the petitioner company in the register of the Registrar of Companies w.e.f. 26.3.2011, the date on which the petitioner company was struck off from the register of the Registrar of Companies.

(2.) The petitioner was incorporated on 13.9.1985. Subsequently, since petitioner had encountered certain difficulties in their business, they had taken advantage of the Easy Exist scheme and had therefore filed an application seeking to be struck off from the register maintained by the Registrar of Companies. Accordingly, the respondent after considering the same had struck off the name of the petitioner from the register w.e.f. 26.3.2011. The petitioner is presently before this Court contending that subsequent thereto, the former director of the petitioner company have found it feasible to restore the company due to business opportunities and therefore by their resolution dated 16.4.2014 have resolved that the company is to be restored. It is in that view, the petitioner has approached the respondent. The petitioner in that view has sought for the prayer as made in the instant petition.

(3.) The respondent who was notified has filed the objection statement. It is contended that the striking off the name of the petitioner from the register was not on account of any proceedings initiated by the respondent, but it was on their own request and as such the provision as contained in Sec. 560(6) of the Companies Act cannot be made applicable to the present facts. It is contended that as per the provision contained therein, oni3r if the company is aggrieved by the action of the respondent, a petition seeking restoration could be filed. Further, the respondent has indicated that it is ultimately for this Court to consider the request of the petitioner in the light of the contentions having been put forth by the petitioner and keeping in view the provision of law.