SUMAN MOTELS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD forthwith. Leave under Rule 19 (3) of the Companies (Court) Rules, 1959, granted to the applicant to take out a judges summons in terms of draft judges summons handed in Judges summons returnable forthwith.

(2.) BY the present application, the petitioners have prayed for condonation of delay in publication of the advertisement of notice convening the meeting. Learned counsel has drawn my attention to Rule 7 of the Companies (Court) Rules, 1959. In terms of Rule 7 the court may in cases in which it shall deem fit, extend or abridge the time appointed by these rules as justice of the case may require. In so far as publication in the newspapers is covered by Rule 74. That rule sets out that notice of the meeting shall be advertised in such newspapers and in such manner as the judge may direct not less than 21 clear days before the date fixed for the meeting. If Rule 74 is read with Rule 7 of the Companies (Court) Rules, 1959, it is clear that the court in cases which it deems fit can extend or abridge the time appointed by the rules or fixed by an order of the court. It is no doubt true that advertisement was ordered in terms of Rule 74 pursuant to order of this court. The order was in terms of Rule 74. In terms of Rule 7 the court while passing the order of advertisement could have abridged the time. If that could have been done at the stage of making the order, I see no reason why this court cannot do so when an order has already been passed, to abridge the time. The two cases would be similar. In one case time would be abridged before the meeting is called. In the other, after notice is issued. All that the court must do is to satisfy itself that no prejudice will be occasioned to the persons who have to attend the meeting being unable to attend the meeting because of short notice. In the instant case, the delay is, if at all, of one day. There has been substantial compliance with the requirement of notice. Learned counsel seeks to point out that in fact there will be no delay at all. I need not go into the issue as in the present application the petitioner had sought condonation of delay.

(3.) I am satisfied that the petitioners have made out a sufficient cause for abridging the time. In the light of the matter, the petition is made absolute in terms of prayer Clause (a ).