Section 560 in The Companies Act, 1956 [Entire Act]
Section 560 in The Companies Act, 1956
560. Power of Registrar to strike defunct company off register .-
(1) Where the Registrar has reasonable cause
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which is not a private company;'; (b) after sub- section (2), the following sub- sections shall be inserted, namely:-" (3) Every private company, existing ... section (3) or sub- section (4), such company shall be deemed to be a defunct company within the meaning of section 560 and its name
M.A. Panjwani vs Registrar Of Companies & Anr. on 2 December, 2013
been filed by M.A. Panjwani, the
petitioner, under sub-section (6) of Section 560 of the Companies Act
seeking restoration of the name ... 2013 Page 6 of 16
section (6) of Section 560 has to be given a limited or restricted meaning
having regard to the context
M/S Value Advisory Services vs M/S Zte Corporation on 3 July, 2017
Companies pursuant to an application voluntarily made by it under Section
560 of the Companies Act, 1956 (hereafter „the Companies Act ‟). This was
also notified ... also relevant to refer to Sub-sections (6) and (7) of Section 560
of the Companies Act which read as under:-
"560
In The Matter Of Shree Mohan Sugar Mills ... vs The Registrar Of Companies, M.P. And ... on 8 June, 2015
company :-
4. The petitioner has relied on language of sub- section 6 of
Section 560 of the Act to contend that this Court may direct ... section (3) or sub-
section (4), such company shall be deemed to be
a defunct company within the meaning of section
560 and its name
Anujay Hycare Products Pvt. Ltd., New ... vs Ito, Ward- 2(4), New Delhi on 6 April, 2018
Registrar of Companies, NCT of Delhi and Haryana under
section 560(5) of the Companies Act, 1956 mentioning that
3
ITA.No.4411/Del./2017 ... copy of the notice dated 18th
April, 2011 being notice under section 560(3) of the Companies
Act, 1956, copy of which, was forwarded
M/S Gilco Auto Engineers Pvt. Ltd vs Jagdish Inder Singh on 27 April, 2012
business."
A perusal of the proviso(a) of sub Section (5) of Section 560
shows that even after the name of a company ... held that the proviso to sub-section (5) of
Section 247 which is pari materia of Section 560(5) of the Companies Act
proceeds
Mohan Thomas vs M/S.Etham Floriex Limited on 3 November, 1995
clear from a reading of sub-section (6) of Sec.560 that if the court
is satisfied that the company was, at the time ... Sec.614A . Sec.609 deals with
registration offices, Sec.610 thereof deals with Inspection, production
and evidence of documents kept by the Registrar, Sec.610A
In Re: U.N. Mandal'S Estate Private Ltd. vs Unknown on 10 December, 1958
void under Section 559 , the power of the court to restore the company, is really provided in Sub-section (6) of Section 560 ... this company.
36. Lastly, on the interpretation of Sub-section (6) of Section 560 of the Companies Act, 1956, I am of the opinion that
Rishima Sa Investments Llc vs Registrar Of Companies on 1 March, 2017
approach the Company Court.
Sections 560(5) and 560(6) of the Companies Act, 1956 are as
follows:-
"560(5) At the expiry ... Registrar to strike a
defunct company from the Register. Sub-section (1) of Section 560
allows the Registrar when it has reasonable cause to believe