Co.Pet. 1/2011 BEFORE THE HON BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. D Sur, learned counsel appearing for the petitioner. Ms. P Gogoi, lear ned Central Govt. counsel appears for respondent Nos.1 and 2. 2. This is an application under Sub-Section 6 of Section 560 of the Compani es Act, 1956 seeking restoration of the Company, whose name was struck off from the Register of Companies, by resorting to the provision of Sub-Section 5 of Sec tion 560 of the of the Companies Act. 3. It is submitted by Mr. D Sur, learned counsel that the petitioner Compan y was not able to manage its plywood business earlier because of the ban on extr action of forest produce and the Board of Directors of the Company has now decid ed to diversify its business as permitted under the memorandum of Company. The l earned counsel further submits that the Company submitted its return until 1997 before the Registrar of Companies (ROC) but subsequent returns were not filed on ly because, the unit became nonfunctional and the name of the Company was struck off from the list of Register of Companies. 4. In pursuant to the notice in this proceeding, a response has been filed on 5th May, 2011 by the Registrar of Companies, Shillong. Ms. P Gogoi, learned C entral Govt. counsel refers to the averments in the ROC’s affidavit to submit th at if the petitioner is prepared to file all its statutory returns within 30 day s, the respondents will not oppose this application for restoration of the Compa ny’s name. 5. The specific averments of the ROC, Shillong is extracted hereinbelow for ready reference: The answering deponent begs to state that it has no objection for allowing the petitioner’s application for restoring its name by the Hon’ble High Court subjec t to a direction upon the petitioner Company to file all the pending statutory r eturns within 30 (thirty) days from the date of order or within such time as the Hon’ble Court may deem fit and proper . 6. Having regard to the submissions made by the learned counsels appearing for the parties and also the averred stand of the Registrar of Companies, I am o f the view that it would be just and proper to restore the Company to the Regist er. But as a pre-condition, the petitioner must file all its statutory returns, on or before 6th June, 2011. 7. Upon fulfillment of the above stipulation, the Registrar of Companies, S hillong will restore the petitioner Company to the Register of Companies. 8. With this direction, this petition under Section 560(6) of the Companies Act stands allowed.