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Delay in filing certified copy of court order with Registrar of Companies under Companies Act, Excusing the delay under section 19 of the Companies Act, Interpretation of sections 18, 19, and 640A of the Companies Act, Extension of time for filing documents with Registrar, Revival of court order under section 17(5) of the Act. Delay in filing certified copy of court order with Registrar of Companies under Companies Act: The petition was filed under section 19 of the Companies Act, seeking to excuse the delay in filing the certified copy of the court order dated September 1, 1966, related to a company petition for amending its memorandum. The petitioner was required to file the certified copy within three months from the date of the order, as per section 18(1) of the Companies Act. The delay in obtaining the certified copy was due to the time taken by the court office in drafting the order, which raised the question of whether this time should be excluded in computing the filing period under section 640A of the Act. Excusing the delay under section 19 of the Companies Act: The petitioner, despite securing the certified copy on September 24, 1966, failed to file the necessary documents with the Registrar of Companies until January 3, 1967. The application to excuse the delay and extend the time for registration was filed on January 21, 1967. The Registrar contended that the delay rendered the order void and inoperative under section 19(2) of the Act. However, the court held that the order does not become void until the time for filing the documents is fixed by the court, and the company has the opportunity to seek an extension within that period. Interpretation of sections 18, 19, and 640A of the Companies Act: The court referred to a previous judgment to interpret the interplay between sections 18, 19, and 640A of the Companies Act. It was clarified that the time for filing documents with the Registrar should exclude the time taken for drafting the order and obtaining a copy. The petitioner's application for extension and revival of the order was deemed acceptable, as it was filed within the extended period granted by the court. Extension of time for filing documents with Registrar, Revival of court order under section 17(5) of the Act: The court acknowledged the petitioner's unintentional delay in filing the documents and extended the time for submission. The Registrar's argument that the order had lapsed was dismissed, emphasizing that the company had time until December 24, 1966, to file the documents and seek an extension. By filing the application on January 21, 1967, the petitioner complied with the requirements for revival of the court order and extension of time for filing the documents with the Registrar. In conclusion, the court excused the delay in filing the documents, extended the time for submission, and revived the court order dated September 1, 1966. The petitioner was granted three weeks to file the certified copy of the order and necessary annexures with the Registrar of Companies, in accordance with the court's order.
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