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2015 (10) TMI 1094 - HC - Companies LawIssuance of Writ of Mandamus for registration of Order under Section 23 of Registration Act – Petitioner holds that after finalisation of the demerger scheme, the Respondent was approached for registration of order along with the registration charges - Petitioner further stated that the order was presented in time for registration as contemplated under Section 23 of the Act but Respondents refused to register the same - Respondents contended that the Petitioner failed to adhere to the provisions of Sections 23 and 32 of the Act and approached the Court with distorted facts – Respondent states that the Petitioner did not produce the copy of the order for registration and the same was done after the expiration of more than two years which is beyond the time limit prescribed under Sections 23 and 25 - The representation so made by the Petitioner was only for mutation of ownership. Held That:- Request for mutation was rightly refused by the respondents as the same was made out of the prescribed time limits and was only for mutation of entries - If the period of limitation is to be reckoned from the date of the Judgment passed by the Division Bench, the request made by the petitioner is well within the period of limitation prescribed under Section 23 - Interpretation given by the Respondents to compute the period of limitation is not tenable and the limitation shall commence from the date on which the Petitioner was furnished with the certified copy of the Judgement - Writ petition is allowed and the third Respondent is directed to accept the certified copy of the Order for registration – Decided in favour of the Petitioner.
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