Section 633 relief does not extend to overriding mandatory AGM timelines or statutory filing requirements.

Section 633 of the Companies Act, 1956 gives the court a discretionary power to excuse an officer from liability where the default was honest and reasonable, but it does not authorise enlargement of the statutory timetable for annual general meetings or for filing annual returns, balance-sheets and profit and loss accounts. The mandatory scheme under sections 166, 167 and 186 leaves only the limited extensions expressly permitted by statute or by the designated authorities, and excludes court power to override those requirements. Repeated defaults and prior undertakings did not justify relief on the stated facts.

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Issues: Whether the High Court could, under section 633(2) of the Companies Act, 1956, grant relief by extending time to hold overdue annual general meetings and to file annual returns, balance-sheets and profit and loss accounts.

Analysis: Section 633(1) and (2) confers a discretionary power to relieve an officer of liability where he has acted honestly and reasonably and ought fairly to be excused. That power is directed to relief from the consequences of default, namely fines and penalties, and not to suspension of the statutory scheme governing annual general meetings. The mandatory timetable in section 166 permits only the limited extensions expressly provided by the statute or by the Registrar and Central Government. Section 167 assigns the power to deal with defaults in holding annual general meetings to the Central Government, while section 186 expressly excludes annual general meetings from the court's power to order meetings. On the facts, the applicants' repeated defaults and prior undertakings did not justify the exercise of discretion in their favour.

Conclusion: The High Court had no power under section 633(2) to extend time for holding the annual general meetings or for filing the statutory returns and accounts, and no relief was warranted on the facts.

Ratio Decidendi: Relief under section 633 of the Companies Act, 1956 is confined to excusing liability for default and does not authorise the court to override mandatory provisions requiring annual general meetings to be held within the statutory time or to confer power to extend such time.

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