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1963 (12) TMI 15

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..... GMENT The order confirming the alteration was made by this court on January 11, 1963, and it was drawn up on April 3, 1963. On January 15, the petitioner applied for a copy of the order ; but for want of steps it was struck off on April 17, 1963. The petitioner again applied for a copy on June 24, 1963. The question is whether the copy application is in time. To decide this matter, it is nec .....

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..... within a further period of one month. Both these sections, as it seems to me, so far as the time factor is concerned, have to be read and understood in the light of section 640A, which provides for exclusion of time required in obtaining copies of orders of court. This section says that, whenever a court's order is required to be filed with the Registrar within a specified period, in computing tha .....

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..... e months from the date of the order, and this provision is controlled by section 19(2), any application filed beyond three months of the date of the order, in any case within a further period of one month, in view of the proviso to sub-section (2) of section 19, would be out of time. Reliance for this construction is placed on a decision of mine in Janardhana Mills Ltd. v. Registrar of Companie .....

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..... the order. Sub-section (1) of section 18 read in the light of section 640A means that the period of three months from the date of the order would be counted excluding the time taken for drawing up the order. The period should also be counted further excluding the time taken in obtaining a copy of the order. A second copy application in this case is within a period of three months of the drawing up .....

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