PRIME HERBS PVT LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) Shri Nitin Agrawal pleaded no instructions on the date of hearing.

(2.) In this petition filed under Section 560(6) of the Companies Act, 1956, the petitioner has prayed for restoration of the name of company in the register of Registrar of Companies. The company was registered under the Companies Act. The registered office of the petitioner-company is at H-46, Baghira Apartment, Arera Colony, Bhopal (M.P.). The petitioner-company was struck off from the register vide order dated 28/01/2008 passed by the respondent. The said order was passed on the ground that petitioner-company has become defunct. Section 560(6) of the Companies Act reads as under:-

(3.) As per aforesaid provision, even after striking off the name of the company by the Registrar of Companies, the company can make an application within 20 years from the date of publication of notice in the official gazette about striking off the name of the company and if such application is filed before the Court, the Court may direct for restoration of the name of the company. This Court in the case of Bogilal Chamanlal Vs. Registrar, Joint Stock Companies, M.B. Gwalior reported in AIR 1954 MB 70, has held that the Court can order restoration of the name of the company removed from the register, if it finds that it was, at the time of the order, doing business or was in operation or on the ground that it is just to do so.