Inherent court power cannot extend AGM time where the Companies Act assigns that function to the Registrar and Central Government.

Rule 9 inherent jurisdiction cannot be used to extend time for holding an annual general meeting where the Companies Act, 1956 provides a complete scheme. Section 166 makes timely holding of the AGM mandatory and allows only the Registrar to extend time, for not more than three months. Section 167 deals with default already committed and enables the Central Government to call or direct the meeting, while section 186 applies only to meetings other than AGMs, confirming legislative exclusion of court intervention. Section 633(2) excuses liability for default but does not authorise extension of time.

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Issues: Whether the company court has inherent power under Rule 9 of the Companies (Court) Rules, 1959 to extend the time for holding an annual general meeting, notwithstanding the express scheme of sections 166, 167 and 186 of the Companies Act, 1956.

Analysis: Section 166 imposes a statutory obligation to hold the annual general meeting within the prescribed time and confers a limited power on the Registrar alone to extend time for not more than three months. Section 167 provides the specific remedy where default has already occurred, empowering the Central Government to call or direct the calling of the meeting and to issue consequential directions. Section 186 confers court power only in relation to meetings other than annual general meetings, showing that the legislature intentionally excluded the court from intervening in the calling of annual general meetings. The inherent jurisdiction preserved by Rule 9 cannot be used to override an express statutory scheme or to transfer to the court a power that the Act confers on another authority. Relief under section 633(2) concerns excuse from liability for default and does not include extension of time for holding the meeting.

Conclusion: The company court has no inherent power to extend the time for holding the annual general meeting, and the application was not maintainable.

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