Shantanu Kemkar, J.

1. This company petition has been filed under Section 560(6) of the Companies Act, 1956 (for short, "the Act") read with Rules 92 to 94 of the Companies (Court) Rules, 1959 (for short, "the Rules") seeking direction to the respondent, the Registrar of Companies, Madhya Pradesh and Chhattisgarh to restore the name of the petitioner-company in the register of the companies and consequential direction for restoration of the rights and liabilities of the company from the date of "striking off" till the date of restoration of its name as if the name of the company was never struck off from the register of the companies.

2. Notice of this company petition was issued and has been served on the respondent Registrar but no reply has been filed and none appeared for the respondent Registrar to oppose the prayer made in the petition.

3. Briefly stated, the petitioner-company was incorporated on September 7, 1995, under the provisions of the Act as a company limited by shares. After incorporation, the company had to commence its business as financial and investment consultant, however, the promoters of the company considering the market conditions did not undertake any business activity. Thereafter, the board of directors of the company vide resolution dated March 15, 2004, decided to make an application before the Registrar of Companies under "simplified exit scheme" framed by the Government of India under Section 560 of the Act. In pursuance to the said resolution passed by the board of directors an application was moved before the Registrar on June 11, 2004, for declaring the company "defunct" as provided under Section 560 of the Act. The Registrar in exercise of its powers under Section 560(3) of the Act declared the company "defunct" and published the said declaration in the Official Gazette in terms of the provisions contained in Section 560 of the Act.

4. The petitioner has filed copy of the on-line search conducted on the website of the Ministry of Corporate Affairs showing the status of the company as "strike off" as annexure P6.

5. It has been averred by the petitioner that the shareholders of the company are now of the opinion that the circumstances leading to closure of activities of the company and non-commencement of business no longer exist and there are favourable circumstances under which the main business of the company as financial and investment consultant can be restarted in the best interest of the company, its shareholders and other concerned who may be directly or indirectly associated with the business activities of the company. In the circumstances the shareholders of the company took a joint decision and vide consent letter dated May 30, 2009, have decided to revive the company. In the circumstances this petition has been filed under Section 560(6) of the Act seeking a direction to the respondents for restoring the company's name in the Register of Companies.

6. Having considered the contention raised by learned Counsel for the petitioner and having gone through the provisions contained in Section of the Act and the averments made in the petition I am of the view that it would be just and proper to order restoration of the name of the company in the Register of Companies.

7. Accordingly, the petition is allowed. The respondent Registrar is directed to restore the name of company in the Register of Companies treating as if its name had never been struck off from the rolls of the register. The petitioner is directed to deliver the respondent Registrar of Companies a certified copy of this order within the time fixed under Rule 93 of the Rules. The Registrar thereafter shall proceed in the matter in accordance with the Act and the Rules. No order as to costs.