High Court · Companies Act 2017, Section 427
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IN THE HIGH COURT OF province (COMPANY JURISDICTION)
Company Petition No. _____ of year
petitioner_name, petitioner_status resident of petitioner_address holding CNIC No. petitioner_cnic ... Petitioner
VERSUS
1. The Securities and Exchange Commission of Pakistan, through its Registrar of Companies, secp_office 2. company_name (Struck-off), formerly registered at company_registered_address, bearing Registration No. company_registration_number ... Respondents
PETITION UNDER SECTION 427 OF THE COMPANIES ACT 2017 FOR RESTORATION OF COMPANY NAME ON THE REGISTER
Respectfully sheweth:
1. That the Petitioner is a petitioner_status of company_name and is competent to file the present Petition for restoration of the Company's name on the register of the Securities and Exchange Commission of Pakistan.
2. That company_name was incorporated as a private limited company on date_of_incorporation under the Companies Ordinance 1984 / Companies Act 2017, bearing Registration No. company_registration_number.
3. That the principal business of the Company was principal_business, and the Company maintained its registered office at company_registered_address.
4. That the name of the Company was struck off the register of companies by the Registrar on date_of_strike_off under Section 426 of the Companies Act 2017 on the ground of ground_of_strike_off.
5. That the strike-off was based on circumstances_of_strike_off, and the Company had not been afforded a reasonable opportunity to be heard before the said strike-off.
6. That the Petitioner discovered the strike-off on date_of_discovery, and the present Petition is being filed within the limitation period prescribed under Section 427 of the Companies Act 2017.
7. That at the time of strike-off, the Company was actively engaged in business and had assets_or_liabilities, which require winding up in accordance with law before the Company can be properly dissolved.
8. That just and equitable grounds exist for restoration of the Company's name on the register, namely: grounds_for_restoration.
9. That the Petitioner undertakes to pay all outstanding statutory fees, late filing fees, and penalties accruing from the date of strike-off to the date of restoration upon the order of this Honourable Court.
10. That this Honourable Court has territorial and subject-matter jurisdiction to entertain the present Petition under Section 5 read with Section 427 of the Companies Act 2017.
PRAYER
It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:
(a) Order the Registrar of Companies to restore the name of company_name to the register of companies, with effect from the date of strike-off, as if it had not been struck off;
(b) Direct the Registrar to publish the restoration order in the official Gazette in accordance with law;
(c) Award costs of the present Petition to the Petitioner; and
(d) Grant any other relief deemed just and proper in the circumstances of the case.
VERIFICATION
Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 10 of the above Petition are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
_____________________________ petitioner_name Petitioner Through: _____________________________ counsel_name Advocate
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