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Bombay High CourtCP/509/2016disposed off

Apollo Theatres Pvt. Ltd. v. The Registrar Of Cpmpanies

2018-02-23Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 CP509.16-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.509 OF 2016 Apollo Theatres Pvt. Ltd.

)....Petitioner V/s.

The Registrar of Companies )....Respondent ---- Mr.A.K.Gopalan i/by Haresh Mehta & Co. for petitioner. Mr.Y.R.Mishra for respondent.

---- CORAM : K.R.SHRIRAM,J DATE : 23.2.2018 P.C.:- The petition is taken out by the company to restore the petitioners' company to the Register of companies and other records under the provisions of section 560(6) of Companies Act, 1956 with retrospective effect and to place the company in the same position as nearly as if the name of the petitioners ' company has not been struck off the register of companies.

The Registrar of companies of Pune Ms.Vijaya Kandhare, in her affidavit dated 21.2.2018 has in paragraph-7 accorded no objection if this court passes an order for revival and restoration of the company under the provisions of section 560(6) of the Companies Act, 1956.

KJ

2/2 CP509.16-16 In the circumstances, petition is allowed in terms of prayer clauses-(a) and (b) which read as under :- "(a) That, this Hon'ble Court be pleased to direct the Respondent to restore the said Petitioner company, namely Apollo Theaters Private Limited, having addresses at 549, Rasta Peth, Pune 411 011, and the same be restored to the Register of Companies and/or other records of the Respondent under the provisions of section 560(6) Companies Act, 1956, with retrospective effect, by the Respondent ;

(b) That this Hon'ble Court be pleased to give such directions and make such provision as seem just for placing the said petitioner company, namely Apollo Theaters Pvt. Limited having addresses at 549, Rasta Peth, Pune 411 011, and all other persons in the same position as nearly as may be, as if the name of the Petitioner company had not been struck off the Register of Companies."

Petition stands disposed.

Petitioner to give donation of Rs.25,000/- to National Defence Fund (NDF), State Bank of India, Institutional Division, Parliament Street, New Delhi, Account No.11084239799www.pmindia.nic.in, within two weeks from today. Registrar of Companies, Pune to restore the company only upon being satisfied that the amount of donation has been paid. (K.R.SHRIRAM,J) KJ