*1* cp.267.11.921.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.267 OF 2011 Mrs.Morvarid Farokh Tafty. ..Petitioner -Versus- Registrar of Companies under section 560(6). ..Respondent .......... Mr.Birendra Saraf a/w Mr.Nikhil Patil, Ms.S.Kulkarni i/b Legasis Partner, for the Petitioner. Ms.Soma Singh a/w Mr.C.J.Joy, for the Registrar of Companies. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 08th September, 2011. P.C.: 1 This Company Petition is seeking relief under sub-section 6 of section 560 of the Companies Act, 1956 which confers the power on the Registrar to strike defunct company off the register. 2 Mr.Saraf argues in support of this petition that the Company is not defunct, but it is merely unable to comply with certain provisions of the Companies Act and particularly in relation to the filing of the statutory reports. In any event, the name could not have been struck off unless the requirements of sub-sections (1) to (5) of section 560 were complied with by the Registrar. In these circumstances, the impugned order be set aside. 3 It is conceded on behalf of the Registrar of Companies that the procedure prescribed by sub sections (1) to (5) of section 560 has not been complied with. Straightway the order or notice striking off the Company’s name came to be issued. That being impermissible in law, the impugned order is set aside, but on undertaking of the Company that it *2* cp.267.11.921.sxw will comply with all requirements that remained to be complied with till date, within a period of two months i.e. before 08th November, 2011. On this undertaking given to this Court, the Registrar of Companies shall withdraw the impugned notice and restore the name of Company to its register. 4 The Company Petition is made absolute in terms of prayer clauses (a) and (b) with clarification that when the Company is deemed to be carrying on its business, it shall have to comply with all statutory obligations and discharge the liabilities that are incurred during the course of its business. The Company agreed to pay the costs quantified at Rs.10,000/-. The costs to be paid to the Registrar of Companies on or before 07th October, 2011. Needless to state that this order does not preclude the Registrar of Companies in taking appropriate steps under section 560 of the Companies Act, 1956. 5 The Company Petition is disposed of in the above terms. (S.C. Dharmadhikari, J)