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    <title>1961 (2) TMI 34 - IN THE CHANCERY DIVISION</title>
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    <description>Section 353(6) of the Companies Act 1948 was construed as conferring a right to seek restoration only on a company, member or creditor existing in that capacity at the date of dissolution. Persons who acquired shares or debts only after the company had been struck off could not qualify, because membership and creditor status cannot arise in relation to a non-existent company. Even if qualification were assumed, restoration was refused because the evidence showed no substantial practical benefit: the company had long ceased effective control, the register had been destroyed, and its records and affairs were severely impaired. The court therefore declined to restore the company&#039;s name to the register.</description>
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    <pubDate>Tue, 21 Feb 1961 00:00:00 +0530</pubDate>
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      <title>1961 (2) TMI 34 - IN THE CHANCERY DIVISION</title>
      <link>https://www.taxtmi.com/caselaws?id=97790</link>
      <description>Section 353(6) of the Companies Act 1948 was construed as conferring a right to seek restoration only on a company, member or creditor existing in that capacity at the date of dissolution. Persons who acquired shares or debts only after the company had been struck off could not qualify, because membership and creditor status cannot arise in relation to a non-existent company. Even if qualification were assumed, restoration was refused because the evidence showed no substantial practical benefit: the company had long ceased effective control, the register had been destroyed, and its records and affairs were severely impaired. The court therefore declined to restore the company&#039;s name to the register.</description>
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      <pubDate>Tue, 21 Feb 1961 00:00:00 +0530</pubDate>
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