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1999 Supreme(MP) 156

B.A.KHAN, SHAMBHOO SINGH
Chaudhary Builders Pvt. Ltd. – Appellant
Versus
Sanghi Brothers Ltd. – Respondent


Advocates:
S. Bhargava with Kochatta for appellant; J.W. Mahajan, Consul and S.K. Jain for respondents.

JUDGMENT

Order dated 31.1.1995, passed by Western Region Bench of Company Law Board condoning the delay in filing the particulars of charge in Form Nos. 8 and 13 by respondent No. 1 and to grant the Company extention of time upto 15.5.1990 is under challenge in this appeal filed under section 10 of the Companies Act.

Shorn of all details, it transpires that appellant Company executed a deed of Assignment dated 15.2.1990 for assignment of certain rights of ground floor of immovable property called "Chetak Chamber", situate at 13-14, RNT Marg, Indore, admeasuring about 12,000 square feet, valuing approximately Rs. 1,22,25,000/- in favour of the respondent No. 1. For some reasons it did not file particulars of charge in Form Nos. 8 and 13 with Registrar of Companies constraining respondent No. 1 to do so on 15.5.1990, under section 125 of the Companies Act. Registrar vide his communication dated 7.1.1992 required the respondent Company to approach the Company Law Board u/s 141 as delay of more than sixty days was involved. The Company pursuant thereto published an advertisement dated 7.2.1992 making known its intention to approach the Company Law Board. Appellant wrote to the Board ta





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