A court has ordered the Registrar of Companies to reinsert the name of a company struck off as failure to do so could seriously prejudice the rights of the company’s creditors.

Mr Justice Joseph Zammit McKeon delivered the judgment following a writ filed by Ronnie and Diane Grima against the registrar.

The Grimas told the court they had sued Enemalta Corporation, White Brothers Ltd, Polidano Service Station and Plant Hire Ltd for damages after Mr Grima suffered a permanent disability at work in July 2002. In July 2009, the First Hall of the Civil Court had condemned White Brothers Ltd and Polidano Service Station and Plant Hire Ltd to pay the Grimas €124,528 damages.

The judgment was appealed and the case was pending before the Court of Appeal.

However, Mr and Ms Grima learned Polidano Service Station and Plant Hire Ltd had been struck off the register of companies with effect from January 31.

They insisted this was prejudicial to their rights as creditors and requested the court to order the Registrar to reinsert the name.

The registrar said Polidano Service Station and Plant Hire Ltd had been stuck off as it had failed to honour its legal obligations under the Companies Act for many years.

Mr Justice Zammit McKeon said the Companies Act provided for a name to be reinserted if a creditor’s rights might be prejudiced, provided that the creditor sued for this within a time limit.