The court emphasized the importance of providing companies with an opportunity to revive and considered the interests of justice in ordering restoration.

SIDDHARTH MRIDUL, J.

1. The present petition has been filed under Section 560(6) of the Companies Act, 1956 (hereinafter referred to as the ‘Act’) by Satya Plywood Industries Pvt. Ltd. (hereinafter referred to as the ‘Petitioner Company’) praying for restoration of the name of the Petitioner Company in the Register of Companies maintained by the Registrar of Companies (hereinafter referred to as the ‘Respondent’).

2. The Petitioner Company was incorporated with the Registrar of Companies, N.C.T. of Delhi and Haryana, under the Act, vide certificate of incorporation dated 29.07.1987.

3. The registered office of the Petitioner Company is stated to be situated at 2873/1, Gali No.1, Bihari Colony, Shahdra, New Delhi-110032, within the jurisdiction of this Court.

4. The main objects of the Petitioner Company as stated in the Memorandum of Association are, inter alia, as follows:-

“i. To carry on the business of manufacturers, buyers, sellers, exporters, importers, suppliers, stockiest, agents, merchants, distributors, concessionaries of and dealers in all kinds of plywood flush doors, wood including furniture and fixtures and decorative wood and its allied products.”

5. The name of the Petitioner Company was struck off from the Register of Companies under Section 560 of the Act, by the Respondent, after issuing notification under Section 560(5) of the Act in the Official Gazette (for the week from 26.04.2008 to 02.05.2008). The name of the Petitioner Company was struck off by suo moto action of the Respondent, on account of failure of the Petitioner Company to file its statutory documents since the year 1995, as required to be filed under the mandate of the provisions of the Act.

6. In support of the prayer sought, learned counsel appearing on behalf of the Petitioner Company would make the following submissions:

(a) On 17.03.1997, the unit of the Petitioner Company at Ghaziabad, U.P was sealed by the U.P. Forest Department vide their order bearing number 14/6114-2-97 dated 6.3.1997, in compliance to the interim order dated 04.03.1997 rendered by the Hon'ble Supreme Court in Writ Petition (Civil) 202/1995, titled as ‘T.N. Godavarman versus UOI and others’.

(b) The Petitioner Company has been maintaining all its requisite documents as per the provisions of the Act, but owing to the said unavoidable circumstance of desealing of the said unit at Ghaziabad, the statutory records, required to be filed under the mandate of the provisions of the Act, could not be filed by the Petitioner Company in time with the Respondent,.

(c) In the year 2013, subsequent to the orders passed by Hon'ble High Court of Judicature at Allahabad in a Writ Petition bearing No. C/2025/2013 titled as "M/s Satya Plywoods Industries Pvt. Ltd. & Anr. Vs. The State of U.P. & Ors.", the said unit of the Petitioner Company situated at Ghaziabad, U.P was regularized by the U.P. Forest Department vide order bearing number 1487/22-18 dated 23.02.2013.

(d) The Petitioner Company discovered that the name of the Petitioner Company has been struck off under Section 560(5) of the Act by the Respondent, only recently, upon approaching the Respondent in order to file its said statutory records from the year 1996 onwards.

(e) The name of the Petitioner Company was struck off from the Register of Companies maintained by the Respondent without issuing notices to the Petitioner Company under Section 560(1), Section 560(2) and Section 560(3) of the Act, which are required to be issued under the mandate of the provisions of the Act. Consequently, the Petitioner Company was not afforded an opportunity for a hearing before striking off its name from the Register of Companies maintained by the Respondent.

(f) The Petitioner Company, at the time of striking off its name from the Register of Companies maintained by the Respondent, was carrying on business and was operational.

7. The Board of Directors of the Petitioner Company have unanimously passed a resolution dated 15.04.2016 seeking revi