JUDGMENT :

Sujoy Paul, J.

1. This petition is filed under Section 560(6) of Companies Act, 1956 (the Act) for restoration of company "Shree Mohan Sugar Mills Limited".

2. Facts as narrated in the petition are that the company was doing its business as per the object clause but it could not get profitable business. The repeated efforts to fetch good profit could not succeed. Since Company was not profit making company, it could not file the annual return and balance sheet with the Registrar of Companies (ROC). In 2011, company intended to file some documents on the website of Ministry of Corporate Affairs. On perusal of the site, it appeared that name of company is struck off from the statutory register. It is pleaded that in response to the enquiry made by the petitioner-company, it is learnt that in the year 2007 suo motu action for struck off the name was taken by the ROC. Name of company was finally struck of on 28.01.2008. The ROC informed the petitioner that if petitioner wants to restore the name of company, it should approach this court under section 560(6) of the Act. The company obtained the copy of letter of ROC which is Annexure P/2. The company has filed the balance sheet