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    <title>1948 (11) TMI 6 - IN THE CHANCERY DIVISION</title>
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    <description>Time for registration of a charge under the Companies Act may be extended where the omission to register was not fraudulent and resulted from inadvertence or some other sufficient cause. The court treated the power as discretionary and accepted evidence of mutual mistake between the chargee&#039;s solicitors and the company secretary, each assuming the other had completed registration. It also held that the company&#039;s solvency or insolvency is not a controlling factor in exercising the discretion, and that the protective proviso in such orders is directed to persons whose property rights have accrued, not unsecured creditors generally. The application was allowed and time was extended in the usual form.</description>
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    <pubDate>Mon, 29 Nov 1948 00:00:00 +0530</pubDate>
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      <title>1948 (11) TMI 6 - IN THE CHANCERY DIVISION</title>
      <link>https://www.taxtmi.com/caselaws?id=97009</link>
      <description>Time for registration of a charge under the Companies Act may be extended where the omission to register was not fraudulent and resulted from inadvertence or some other sufficient cause. The court treated the power as discretionary and accepted evidence of mutual mistake between the chargee&#039;s solicitors and the company secretary, each assuming the other had completed registration. It also held that the company&#039;s solvency or insolvency is not a controlling factor in exercising the discretion, and that the protective proviso in such orders is directed to persons whose property rights have accrued, not unsecured creditors generally. The application was allowed and time was extended in the usual form.</description>
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      <pubDate>Mon, 29 Nov 1948 00:00:00 +0530</pubDate>
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