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Power of court to reinstate companies struck off the register under this Act.
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10.—(1) Where the name of a company has been struck off the register by the registrar pursuant to this Act, the court may, on the application of the company or any member or creditor thereof made within five years after such striking off, if satisfied that the company was at the time of such striking off carrying on business or in operation, or that it is otherwise just that the name of the company be restored to the register, do all or any of the following things, that is to say—
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(a) declare the dissolution (if any) of the company to be void;
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(b) order the name of the company to be restored to the register;
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(c) require the company to comply with all or any one or more of the provisions of this Act with such modifications as to the times within which acts are to be done or as to any other matter as the court shall think proper;
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(d) make the operation of any part of the order conditional on the company complying with the provisions or any one or more provisions of this Act with such modifications as aforesaid;
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(e) give such directions and make such provisions as may seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off the register, and the company (if dissolved) had not been dissolved;
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(f) make such order as to costs as the court shall think proper.
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(2) Where an order is made under this section restoring the name of a company to the register or declaring the dissolution of a company to have been void, the company shall be deemed to have continued in existence as if its name had not been struck off the register and (if dissolved) as if it had not been dissolved.
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(3) If a company purports to carry on business or to be in operation after its name has been struck off the register pursuant to this Act or after it has been dissolved by virtue of this Act, any person to whom the company incurs or purports to incur a liability after such striking off or dissolution shall be deemed to be a creditor of the company for the purposes of this section, but without prejudice to the rights (if any) of such person against the persons purporting to carry on or operate the company or its business.
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(4) It shall be the duty of the person on whose application an order is made under this section to deliver to the registrar an office copy of the order within seven days after the order is made, and if that person fails so to deliver such copy order he shall be liable on summary conviction to a fine not exceeding five pounds for every day during which the default continues.
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