Suru Venkateswarlu (CA Practice ) (59 Points)
31 August 2012Company was strike off by ROC, How to restore the company?
You can reply directly also to surukotni @ yahoo.com
Dear Sir,
As per Section 560 of the Companies Act, 1956 :
If a company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register, the Court, on an application made by the company, member or creditor before the expiry of twenty years from the publication in the Official Gazette of the notice aforesaid, may, if satisfied that the company was, at the time of the striking off, carrying on business or in operation or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register; and the Court may, by the order, give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. [Section 560(6)]
Upon a certified copy of the order under sub- section (6) being delivered to the Registrar for registration, the company shall be deemed to have continued in existence as if its name had not been struck off. [Section 560(7)]
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