IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Co. Petition No. 16 of 2010 Date of decision: 29.3.2011 M/s Missus More Resorts Pvt. Ltd. ……….Petitioner Versus The Registrar of Companies ………Respondent Coram The Hon’ble Mr. Dev Darshan Sud, J. Whether approved for reporting?1No For the petitioner : Mr. Karan Singh, Advocate. For the respondent : Mr. Sandeep Sharma, ASGI. Per Dev Darshan Sud, J. The petitioner has filed this petition under Section 560 (6) of the Companies Act for the restoration of the name of the Company to the register maintained by the Registrar of Companies. The pleading is that the name of the petitioner Company has been struck off from the register. 2. On going to the reply, what I have found is that the petitioner has not complied with the provisions of the Companies Act and has not submitted its annual returns and balance sheets for the last several years and in these circumstances, the Company was declared to be defunct and its name struck off. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 3. The petitioner’s plea is that it has been paying taxes recently and also conducting its commercial transactions. 4. From the pleadings, I have not been able to ascertain as to under what circumstances the petitioner has not complied with the provisions of the Act so that its name has been struck off from the register maintained by the Registrar of Companies under the Companies Act. But in any event taking into consideration the reply of the Registrar of Companies, who has no objection provided the petitioner complies with all the statutory requirements, this petition is allowed and a direction is issued to the Registrar to restore the name of the company in the register, subject to the petitioner’s complying with all the conditions under the Companies Act as also further directions which may be issued by the Registrar. 5. This order does not preclude the Registrar or any other officer from approaching this Court again in case of non-compliance of any of the conditions under the Companies Act and does not determine the liability of the petitioner under the Act which should be determined independently. The Registrar shall call upon the petitioner to submit the documents before a particular point of time. 6. Petition stands disposed of. ( Dev Darshan Sud) J. March 29, 2011. (vs)