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of <h1>High Court Upholds Company Law Board Decision on Filing Charge Particulars</h1> The High Court upheld the Company Law Board's decision to condone the delay in filing charge particulars by the respondent company and granting an ... Charges - Registration of Issues:Challenge to order condoning delay in filing charge particulars under Companies Act, 1956.Analysis:The judgment revolves around an appeal challenging an order passed by the Company Law Board (CLB) condoning the delay in filing charge particulars by the respondent company and granting an extension of time. The appellant-company had executed a deed of assignment for certain rights of immovable property but failed to file the required charge particulars, leading the respondent to do so later. The Registrar directed the company to approach the CLB due to the delay. Objections were raised by both parties, with the respondent eventually applying for condonation of delay. The CLB, after considering the matter, condoned the delay and granted an extension of time.The appellant contended that the Registrar had no jurisdiction to entertain the charge particulars as the alleged charge was only registerable until a specific date. Additionally, the appellant argued that the delay was wrongly calculated by the CLB and that the Board had delved into irrelevant issues regarding the assignment deed. On the other hand, the respondent's counsel focused on the scope of section 141, asserting that the CLB was only concerned with the condonation application and not the merits of the case. The appellant seemed to have missed resisting the condonation issue and concentrated more on the validity of the assignment deed.The High Court found that the appellant had not raised substantial objections to the condonation of delay on valid grounds. The Court upheld the CLB's order, stating that there was no basis for interference as the Board's decision was supported by proper reasoning. However, the Court clarified that any observations made by the Board regarding the merits of the issues, including the interpretation of the assignment deed, would not impact any future registration proceedings before the Registrar or any other forum. The Registrar was instructed to proceed with the matter independently and in accordance with the law, allowing both parties to present their arguments if required by relevant provisions of the Act.
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