Retrospective company restoration allowed a post-strike-off legal charge to be treated as duly created and registered.

On restoration of a company to the register, the court may direct that a charge purportedly created after striking off be treated retrospectively as duly created and duly delivered for registration where the order causes no prejudice to third parties. Applying the retrospective effect recognised in section 353(6) of the Companies Act, 1948, the court accepted that a solvent company could be placed in the position it would have occupied had the charge been validly created and the registration particulars properly delivered. The retrospective order was granted, so the legal charge was treated as effective for registration purposes upon restoration.

---

---

Issues: Whether, on restoration of the company's name to the register, the court could direct that a legal charge purportedly created after the company had been struck off be treated retrospectively as duly created and duly delivered for registration.

Analysis: The company had been struck off for default but remained solvent, and no subsequent charge had been created. The court applied the retrospective character of section 353(6) of the Companies Act, 1948, as recognised in authority, and held that the order could be made without prejudice to anyone. The company could properly be placed retrospectively in the position it would have occupied had the charge been validly created and the registration particulars duly delivered.

Conclusion: The retrospective order was granted, and the legal charge was to be treated as duly created and duly delivered for registration upon restoration of the company.

---