Restoration of a company struck off u/s 560

RESTORATION OF COMPANY WHOSE NAME HAS BEEN STRUCK OFF AS A DEFUNCT COMPANY:

 If a Company or any Member or Creditor thereof, applies to the Court, to order the name of the Company to be restored to the Register, the Court may make an order for restoration under Section 560(6), if it is satisfied that:

      The Company is solvent.

      On the date of striking off, the Company was carrying on business.

      It is in the interest of justice that the order of restoration should be made.

      Period of 20 years has not expired.

      The Applicant is an “aggrieved” person.

The effect of an Order under this Section is that the Company is to be deemed to have continued in existence “as if its name had not been struck off.” The object is to put both the Company and the parties in the same position, as they would have occupied if the dissolution of the Company had not taken place. The restoration produces “as you were” position.

Filing of certified copy of the Order of the Court.

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

Note: **The power of court in this regard shall stand transferred to National Company Law Tribunal as per Companies second Amendment Act, 2002. (Recently, Supreme Court upheld the legality of National Company Law Tribunal).

Dear Sir,

Case law under section 560(6) of the Companies Act, 1956 is enclosed for your reference.

Another case law enclosed.

Sir can u plz let me know what exact Documents we needed to prapare as PCS or all the work is done by Advocate of the Company for Restoration of Companies Name in the register of ROC.