Heard Mr. Singhi ld. advocate for the applicant. This judges summons is taken out with a prayer to this court to permit the applicant-company to circulate a corrigendum being Annexure-A (Colly.) to the affidavit in support of this judges summons, to the notice convening the separate meetings of the Equity Shareholders and Sole Secured Creditors of the applicant and also seeking condonation of delay in fiing of the Chairman's Affidavit of Service being Annexure-B to the Affidavit in support of this Judges Summons, bringing on record the fact of the Chairman having complied with the order dated 30th day of November, 2004 as modified by order dated 13th day of December, 2004.
As far as prayer - A in Judges Summons is concerned, Mr. Singhi has submitted that the meeting has already commenced at 10.00AM today, and corrigendum is already circulated and hence, there is no question of granting this prayer. However, this fact is brought to the notice of the court by way of this application. He has further submitted that since corrigendum is already circulated and if there is any objection from the Equity Shareholders, the said objection will be incorporated in the Chairman's Report. In view of this, no order is required to be passed so far as Prayer-A is concerned.
As far as Prayer-B is concerned, as per the provisions of Company (Courts) Rules, affidavit of service is required to be filed before seven days of the commencement of the meeting and there is some delay and hence, this applicatin is filed.
Looking to the averments made in the affidavit filed in support of the Judges Summons, the delay is hereby condoned.
In view of the above, this application is accordingly disposed of.
(K.A. PUJ, J.) mandora/