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Restoration of a Company : Section 560(6) Companies Act 1956

If any Company was dissolved earlier, that is the name of which was struck off from the Register of Companies maintained by the Registrar of Companies under Section 560 of the Companies Act 1956, and if the company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register.

Then company, or any member or creditor thereof, can make an application to the Court (Tribunal) before the expiry of twenty years from the publication in the Official Gazette of the notice of struck off.

The Court (Tribunal) may order the name of the company to be restored to the register, if the Court is satisfied that :

(1)  the company was, at the time of the striking off, carrying on business or in operation, or

(2)  it is just that the company be restored to the register,

A certified copy of the Order of the court should be delivered to the Registrar of Companies for registration with filing of Form-21. Upon such registration, the company shall be deemed to have continued in existence as if the name had not been struck off.

Some Case Laws:

(1) M/SVats Associates Pvt. Ltd. ... vs Registrar Of Companies on 7 April, 2010 - Delhi High Court

(2) M/SMultichannel Technical ... vs Company With The Registrar Of ... on 7 April,2010 - Delhi High Court

(3) SohalAgencies Private Limited & ... vs Registrar Of Companies, Nct Of ... on 2December, 2009 - Delhi High Court

(4) SonoPrinters Pvt. Ltd., ... vs Registrar Of Companies, ... on 12 July, 2011 - Andhra High Court

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