AI Overview...
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Section 560(6) of the Companies Act - Provides a mechanism for restoring a company's name if it has been struck off, upon a petition demonstrating the company's creditors or members' interests and establishing a 'just' cause for restoration. The petitioner must qualify as a member or creditor, especially if they have property or shares at stake. The interpretation of 'just' involves assessing whether the circumstances warrant restoring the company's name to serve justice. M. A. PANJWANI VS REGISTRAR OF COMPANIES - Delhi
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Order 15 Rule 6 of the Civil Procedure Code - Pertains to the procedure for dismissing suits for non-prosecution or lack of prosecution. It emphasizes the importance of diligent prosecution and provides that courts may dismiss suits if not actively pursued, ensuring judicial efficiency. While specific references to ROC or companies are not explicit, the rule underscores procedural discipline relevant to company disputes and applications. Not directly referenced in sources but relevant to procedural context
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Restoration of Company Names & Court Proceedings - Several cases highlight the importance of timely filings, compliance with statutory requirements, and the role of the Registrar of Companies (ROC) in proceedings related to winding up, striking off, or restoration. For example, delays or non-appearance by ROC can impact restoration petitions or winding-up appeals. Courts have emphasized the need for proper procedural compliance and diligent representation. Registrar of Companies VS Cyber Space - Delhi, In The Matter of Shinsho K. Mac Precisions Parts (India) Private Limited VS . - Delhi, PATIALA BIO POWER COMPANY LIMITED VS REGISTRAR OF COMPANIES - National Company Law Tribunal, PARCO RESORTS PVT LTD VS Registrar of Companies Kerala & Lakshwadeep - National Company Law Tribunal
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Legal Standing & Disqualification - Companies or individuals disqualified under provisions like Section 164(2) of the Companies Act, 2013, face restrictions such as deactivation of DIN or striking off. Court decisions stress the importance of adhering to statutory disqualifications and procedural rules for company restoration or legal proceedings. Suprabhat Chouksey VS Union of India - Madhya Pradesh
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Disciplinary & Administrative Rules - Writ petitions under Article 226 of the Constitution challenge disciplinary orders or administrative actions, focusing on procedural delays or violations. Courts consider whether procedural lapses justify quashing orders, emphasizing timely and proper conduct of disciplinary proceedings. K.Selvam vs The Secretary to Government, Municipal Administration and Water Supply Department - Madras, P. Khader Basha VS State of Andhra Pradesh, Rep. by its Principal Secretary, MA & UD Department - Andhra Pradesh
Analysis and Conclusion
The sources collectively underscore the procedural and substantive requirements under Section 560(6) for restoring a company's name, including demonstrating the interests of creditors or members and establishing a 'just' cause. Court rulings highlight the importance of compliance with statutory timelines, proper representation before ROC, and adherence to disqualification provisions. While Order 15 Rule 6 is not explicitly detailed in the sources, it is relevant in the context of dismissals for non-prosecution, emphasizing the need for diligent pursuit of legal remedies. Overall, successful restoration hinges on demonstrating justice, procedural diligence, and statutory compliance.
Search Results for "Roc 2012 Order 15 Rule 6"
2013 0 Supreme(Del) 1607 • India - Delhi
R.V.EASWAR
Companies Act - Restoration of Company Name - Section 560(6) Fact of the Case: The petitioner sought restoration ... the petitioner, having been allotted shares and being deprived of property, qualified as a member or creditor under Section 560(6) ... petitioner's standing as a member or creditor to seek restoration of the company's name and the interpretation of 'just' under Section 560(6) ... The petitioner preferred an appeal before this Court in RFA No.42/2004 on 15.02.2012. This Court set aside th....
2013 0 Supreme(Guj) 539 • India - Gujarat
K.M.THAKER
, 2013 - Section 248 - Companies Act, 1956 - Section 560 - Company had applied under the Easy Exit Scheme pursuant to which the ROC ... circumstances and in light of the above discussion and for the foregoing reasons the application is not tenable under Section 560 (6) ... of the Act and as such it does not deserve to be entertained under Section 560(6) of the Act - Having regard to the aforesaid aspect ... RoC (decision dated 8th February, 2013 in Company Petition No. 260 of 2012) and another decision ....
2019 0 Supreme(AP) 291 • India - Andhra Pradesh
AKULA VENKATA SESHA SAI, CHEEKATI MANAVENDRANATH ROY
condition imposed in appointment order - As per Rule of State and Subordinate Service Rules, 1996 for short, 1996 Rules probation ... (h) - Final seniority - Cases for promotion to category - District Collector Social Welfare , Chittoor issued proceedings RoC No. ... Constitution of India,1950 - Articles 226, 14 or 16 - State and Subordinate Service Rules, 1996 - Rule 16 ... Thereafter, vide Memo RoC No. ... Questioning the Memo dated 15.11.2017 and the proceedings dated 18.11.2017, Or....
2014 0 Supreme(Del) 193 • India - Delhi
R.V.EASWAR
Companies Act, 1956 -Section 433(e), 433(f) - Companies (Court) Rules, 1995 - Rule 6 R/w Rule 9 - Winding ... up - Appeal - Diligence - Resistance of - Liquidation of company - Application to recall of the winding-up order as well as the ... represented before this Court in the winding-up proceedings - Thereafter there was no representation on behalf of the company - Order ... An appeal was taken against the aforesaid order to the Division Bench of this Court which by order#H....
2018 0 Supreme(MP) 504 • India - Madhya Pradesh
PRAKASH SHRIVASTAVA
Companies Act, 2013 - Section 164(2)(a), Section 248(5), Section 152, Section 164, Section 167, Section 92, Section 137, Section 248, Rule ... In the present case Rule 11 has not been invoked, nor any order cancelling or deactivating DIN has been passed but since the petitioner has become disqualified under Section 164(2) of the Act, therefore, the DIN status is shown as “disqualified by ROC under Section 164(2)”, which has eclipsed their DIN ... Ltd. has already been struck off by the Registrar by publishing notice in F....
2019 0 Supreme(Del) 967 • India - Delhi
JAYANT NATH
A copy of the order be filed by the OL with the ROC within the statutory period as per the Act. ... 15. The petition is accordingly disposed of. ... The ROC was informed regarding the voluntary winding up and the appointment of the Voluntary Liquidator. Notices under Rule 315 of the Company Court Rules (1959) were issued and requisite forms were filed with the ROC. ... 6. ... A perusal of the petition shows that the said Company was incorporated under the provisions ....
2025 Supreme(Online)(Mad) 49446 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS.JUSTICE N.MALA, J
(A) Tamil Nadu Municipal Service (Discipline and Appeal) Rules, 1970 - Rule 8(2) - Writ Petition filed under Article 226 of the Constitution ... ... ... Issues: The main issues included whether the delay in disciplinary proceedings justified quashing the punitive order and ... Chakrapani and two others, 2012(6)CTC 69; v) B.V.Surendra Sha vs. ... Subsequently, the order impugned in the writ petition rejecting the representation was passed on 09.11.2012. 7. ... Since he was due for ret....
2022 0 Supreme(AP) 812 • India - Andhra Pradesh
RAVI NATH TILHARI
Constitution of India, 1949 – Article 226 – Power of High Court to issue certain writs – Andhra Pradesh Fundamental Rules – Rule ... and Batch dt. 15.6.2005 as confirmed by this Hon’ble Court in WP No.7537/2016 dt. 10.3.2016 if necessary by setting aside the orders issued in G.O.Rt. ... No. 438, MA, dt. 30.6.2008 and consequent orders of the 3rd and 4th respondents issued vide L. Dis. No.12026/10/2018/M2, dt. 14.7.2019 and Roc. ... Administrative Tribunal, Hyderabad in O.A.No.2855 of 2012#HL_E....
2025 Supreme(Online)(NCLT) 162 • India - National Company Law Tribunal
JUSTICE RAMALINGAM SUDHAKAR, CJ
(Paras 2-9) ... ... (B) Jurisdiction - The non-appearance of the Registrar of Companies (RoC) was ... (Paras 6-8) ... ... Facts of the case: ... The petitioner company, part of the IL&FS group, filed ... Act)-15(PB)/2024 showing that the notice was served upon the RoC on 18.07.2024 and repeated directions issued by this Court to the RoC to appear and file response, neither there is proper appearance nor any response has been filed on behalf of the RoC. 2. Later, Ms. ... Despite se....
2025 Supreme(Online)(NCLT) 588 • India - National Company Law Tribunal
Shri. Vinay Goel, Shri. Ravichandran Ramasamy, JJ
(Paras 6, 10) ... ... Facts of the case: ... The Appellant Company was incorporated in 1992 and ... had its name struck off in 2018 due to failure to file returns after 2012, attributed to the Managing Director's prolonged illness ... of its name struck off due to non-filing of statutory returns - Company’s operations halted due to Managing Director's illness - ROC ... 6. ... It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found th....
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