Whether time in drawing up order of court and obtaining a copy should be excluded in computing prescribed period of three months - Companies Law - No. 8/41(18)/64‑PR,

Circular : No. 8/41(18)/64 ‑ PR, dated 8 ‑ 7 ‑ 1964. Subject:- Whether time in drawing up order of court and obtaining a copy should be excluded in computing prescribed period of three months Query : As per section 18, a company should file the alteration of the objects clause so approved by the High Court within a period of three months of such approval. The company shall apply for the certified copy of the order of the court and may get it after a reasonable period. The question is whether the time of filing of such alteration with the Registrar of Companies should be calculated from the date of receipt of certified copy from the court? Answer : From the provisions of section 640A, it will be observed that in computing the period of three months specified in section 18(1), the time taken in drawing up the order of the court and obtaining a copy thereof should be excluded. As no form has been prescribed for filing the order of the court made under section 17(5), the certified copy thereof may be filed along with a forwarding letter with proper filing fee.