Abridgment of notice period under company court rules may be allowed where no prejudice is caused and compliance is substantial.

Rule 7 of the Companies (Court) Rules, 1959 permits a court to extend or abridge procedural time limits, and when read with Rule 74 it allows abridgment of the 21 clear days' notice period for a meeting where no prejudice is caused to persons entitled to attend. On that basis, a one-day delay in publishing the notice was treated as substantial compliance with the advertisement requirement, and the delay was condoned with the time for publication abridged in favour of the petitioner.

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Issues: Whether the time for publication of the notice convening the meeting could be abridged and the delay in publication condoned under the Companies (Court) Rules, 1959.

Analysis: Rule 7 of the Companies (Court) Rules, 1959 empowers the court, where it considers fit, to extend or abridge the time appointed by the rules or fixed by court order. Rule 74 requires notice of the meeting to be advertised not less than 21 clear days before the meeting. Read together, these provisions permit the court to abridge the time even after an advertisement order has been made, provided the court is satisfied that no prejudice will be caused to those entitled to attend the meeting. The delay in the case was only one day, and there was substantial compliance with the notice requirement.

Conclusion: The delay was condoned and the time for publication of the advertisement was abridged in favour of the petitioner.

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