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2013 Supreme(Guj) 539

K.M.THAKER
Pramod Kumar Sharma – Appellant
Versus
Registrar of Companies – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Narendra L. Jain

JUDGMENT

K.M. Thaker, J.

1. In present petition under section 560(6) of the Companies Act, 1956 ('the Act') the petitioner has prayed, inter alia, that:

"17A. Your lordships may be pleased to restore Rakshak Cargo Movers (P.) Ltd. to the register of companies maintained in the office of Registrar of Companies under the provisions of section 560(6) of the Act, in the interest of justice and equity;...."

From various averments in the petition it becomes clear that the petition has been taken out under the provisions of section 560(6) of the Act and the petitioner is also conscious of the said aspect which is evident from the fact that even in the prayer clause, i.e., in paragraph No. 17(A) as well as in paragraph No. 16 of the application, the applicant has made it clear that the petition is taken-out under section 560 of the Act. In paragraph No. 11 of the petition, the petitioner has even quoted the said provision.

Therefore, the petition has to be considered in light of and within the purview and scope of section 560(6) of the Act.

2. The petitioner has prayed that direction to restore the company on the register of companies may be passed.

2.1 The company whose name is stuck-off is a pr

















































































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