Judgment · High Court · 2010
Case at a glance
Outcome
Allowed
Consequently, application is allowed
Provisions considered
Judgment
Hon'ble Mr. Justice Ajay Rastogi Mr. RK Salecha, for applicants Mr. Shashank Sharma, for respondent-Reg. Of Cos. Application has been filed U/s 560(6) of Indian Companies Act, 1956 for restoration of name of Company – name whereof has been struck off by respondent-Registrar of Companies and published in official gazette in Part-III/Section-I of Gazette of India. After the notices were duly served, the reply to application has been filed by Registrar of Companies, wherein it has been specifically averred in para 8 ad infra: “Therefore, as per the aforesaid provision of the Companies Act, 1956 and as per averments made by the applicant, the office of the answering respondent had no objection if the company is restored on a heavy cost on the register of companies under sub-section 6 of section 560 of the Co. Appl-33/09 //2// companies Act, 1956 by the Hon'ble Court provided that the company should file the balance sheet and the annual returns for all assessing period.
It is further stated that the present application has been made for commencement of the business by the company which has already been struck off being defunct.”
It is further submitted that there is provision in the Companies Act, 1956 for restoration of the name of the company on the register of companies and apart from the reasons for reviving the company stated in the aforesaid paras of application, the contributors/ members of the company are otherwise also interested in revising the company as there would be no adverse impact on public interest or in the interest of any shareholder of the company.
In view of the specific reply (supra), that Registrar of Companies has no objection if the name of the Company is restored and in reviving name of the Company, it has no adverse impact on public interest or in the interest of any share holder of the Company. Co. Appl-33/09 //3// However, it has been further averred that the Company may file balance sheet and annual returns for all assessment year along with relevant documents as per provisions U/Ss 159 & 220 of the Companies Act.
Operative part
In view the reply (supra), present application deserves to be allowed. Consequently, application is allowed. Respondent is directed to restore name of the Company (Brainwave Infoed (P) Ltd) in the Register of Companies maintained by respondent. Appropriate order be passed in regard to restoration of name of the Company. However, it is made clear that the Company will furnish its balance sheet and annual returns for all preceding assessments years which could not have been furnished to the Registrar of Companies, in terms of relevant provisions of Indian Companies Act, 1956. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, application is allowed
Which statutory provisions did this judgment involve?
Companies Act, 2013.
Which court decided this case, and when?
Rajasthan High Court, on 15 Jul 2010. The bench was AJAY RASTOGI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.