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
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
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
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
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
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
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
vide SRN B96214788.
Notice is hereby given pursuant to sub-section (3) of
section 560 of the Companies Act, 1956 that at the
expiration ... Notice issued under proviso to sub-section (5) of Section
560 of the Companies Act, 1956 is intended only to continue liability
vide SRN B96214788.
Notice is hereby given pursuant to sub-section (3) of
section 560 of the Companies Act, 1956 that at the
expiration ... Notice issued under proviso to sub-section (5) of Section
560 of the Companies Act, 1956 is intended only to continue liability
been struck off the register and dissolved. Sub-section (6) of Section 560 empowers a court to order the name of the company, which ... difference being that Clause (b) of the proviso to Sub-section (5) of Section 560 did not exist in the 1913 Act. Section
