- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.471 OF 2008 ... OCB Engineers ...Petitioner v/s. Saraf Textchem Pvt.Ltd. ...Respondent ... Mr.Ajit Kulkarni for the Petitioner. None for the Respondent. ... CORAM: D.K.DESHMUKH J. DATED: 22ND FEBRUARY, 2008 P.C.: Admitted facts are that the Petitioners had filed a suit against the company by name Saraf Textchem. - 2 - That suit was dismissed for default. An application for restoration of that suit was made. During the pendency of that suit, pursis was filed by the lawyer representing the Defendant/company that the registration of the company has been cancelled. Now, the consequence of cancellation of the registration of the company is that the company ceases to exist as artificial person. Because of the provisions of Section 560 Companies Act the liability of the company does not get wiped out, its’ Directors continue to be liable and therefore, immediately after the pursis was filed it was for the Plaintiff to make an application for permitting to join the Directors and other officers of the company as Defendants in the suit and non-applicant in the Application. The Plaintiff did not do that. As a consequence, as there was no Defendant in the suit, the court declined to restore the suit. I do not find any illegality in the order. Petition is, therefore, rejected. (D.K.DESHMUKH, J.)