PROJCET ENGINEERS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THE above petition is under section 19 of the Companies Act read with the relevant rules of the Companies Court Rules, 1959, for excusing the delay in filing the certified copy of the order of this court dated September 1, 1966, made in Company Petition No. 13 of 1966 together with the enclosures as required under law with the Registrar of Companies. THE prayer in the judge's summons indicates that the applications is under section 18(4) of the Act of well. Company Petition No. 13 of 1966 itself was one of the amendment of its memorandum by changing the registered office of the petitioner-company from one State to another State. This was ordered by this court by its order dated September 1, 1966. Under section 18(3) of the Companies Act, 1956, if the alteration of the memorandum involves a transfer of the order confirming the alteration shall be filed by the company with the Registrar of each of the States concerned and the Register of each State shall register the same and shall certify under his hand the registration thereof. Section 18(1) provides as follows

(2.) SECTION 640A of the Act reads as follows

(3.) VEERASWAMI J., while considering the scope of sections 18 and 19 of the Companies Act and with particular reference to section 640A, held as follows: