Reliance Petro Distribution Pvt. Ltd. v. -

1/2 CA112.18-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.112 OF 2018 IN COMPANY SCHEME PETITION NO.502 OF 2015 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO.464 OF 2015 Reliance Petro Distribution Private Limited )....Applicant Company Org.Petitoner ---- Mr.Arif Doctor a/w Ms.Nirali Chopra i/by Junnarkar and Associates for the appllicant.

---- CORAM : K.R.SHRIRAM,J DATE : 24.4.2018 P.C.:- Perused the Company Application and the affidavit in support thereto. Shri Doctor for the applicant states that Rule-7 of the Companies (Court) Rules 1959 provides that the Court may extend or abridge the time appointed by these rules or fixed by an order of the court for doing any act or taking any proceeding and such enlargement may be ordered although the application for the same is not made until after the time appointed or allowed has expired. Rule 7 reads as under :- "R.7. Power of court to enlarge or abridge time- The court may, in any case in which it shall deem fit, extend or abridge the time appointed by these rules or fixed by an order of the court for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require and any such enlargement may be KJ

2/2 CA112.18-10 ordered although the application for the same is not made until after the expiration of the time appointed or allowed."

Shri Doctor further states that no prejudice, by granting of the relief as prayed for, will be caused to any parties because registration of order dated 30.10.2015 and minutes of reduction in 2 newspapers authenticated by the Company Registrar has already been done with delay of 28 days and that delay is what the applicant is seeking to be condoned.

Heard Shri Doctor and also considered affidavit in support. The application is allowed in terms of prayer clause-(a) which reads as under :- "(a) THAT the delay of 28 days in publishing notice of registration of Order dated 30th October 2015 and Minute of Reduction in two local newspapers viz. "The Free Press Journal", Mumbai edition in English and a translation of the Notice in Marathi language in "Navshakti" (Mumbai Edition) duly authenticated by the Company Registrar, high Court, Bombay, be condoned".

Application disposed accordingly.

(K.R.SHRIRAM,J) KJ