9911796707
TMI Blog1962 (7) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 18 gives the petitioner a period of three months from the date of the order within which to file the documents with the Registrar. Actually, the petitioner is stated to have filed the documents only on April 30, 1959, while the time prescribed had expired earlier on October 25, 1958. This petition was taken out as late as January 15, 1962. Learned Government Pleader for the Registrar of Companies raises a preliminary objection to the maintainability of the application on the ground that there is no power under section 18(4) to condone the delay and extend the time. To decide this question, it is necessary to notice in better detail sections 18 and 19 of the Act as amended in 1960. Section 17 relates to special resolution and confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 18. Sub-section (2) with its proviso, which is material, reads: "If the documents required to be filed with the Registrar under section 18 are not filed within the time allowed under that section, such alteration and the order of the court made under sub-section (5) of section 17 and all proceedings connected therewith, shall, at the expiry of such period, become void and inoperative : Provided that the court may, on sufficient cause shown, revive the order on application made within a further period of one month." This sub-section is as altered in 1960. Before the amendment, subsection (2) read thus: "If the registration is not effected within three months next after the date of the order of the court confirming the alteration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. This itself would indicate that an application to extend time should be made before the order becomes void and inoperative. Normally, when an order becomes void and inoperative, there is no question of reviving it, unless the statute provides an enabling power. That is what the proviso does. The proviso states that notwithstanding the effect, provided an application for extension of time is made within a period of one month from the expiry of the period of three months contemplated by sub-section (1) of section 18, the court may, for sufficient cause shown, extend the time after reviving the order. This proviso resolves any possible doubt and makes it crystal clear that normally there is no power to extend time unless an application ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
