1970 (3) TMI 82

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..... ve a short judgment upon it. The company, Boxco Ltd., seeks by the petition an order that the name of the company may be restored to the Register of Companies. On the material contained in the petition and the affidavits in support it is clearly right to make that order. A difficulty does, however, arise by reason that after the company had been struck off the register the company purported to cre .....

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..... on December 31, 1969, the legal i charge dated December 12, 1969 whereby the company borrowed moneys on i security of a first mortgage on 50 Byrne Road, S.W. 12 and 111 Fernlea Road, S.W.I 2 and the particulars thereof required by section 98 of the above-mentioned Act." It is in evidence that the company has not purported to create any' subsequent charge and, further, that the c .....

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..... n created. It is clear that no-one can be prejudiced by the retrospective order sought and I think it would be right that the company should now be put in the same position retrospectively as if the legal charge of December 12, 1969, was duly created and the particulars duly delivered for registration on December 31, 1969. I understand from Mr. Lindsay, who appears for the Registrar of Companies .....

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