Rectification by Company Law Board of register of charges.
The Company Law Board, on being satisfied-- a that the omission to file with the Registrar the particulars of any charge created by a company or of any charge subject to which any property has been acquired by the company or of any modification of any such charge or of any issue of debentures of a series, or that the omission to register any charge within the time required by this Part, or that the omission to give intimation to the Registrar of the payment or satisfaction of a charge, within the time required by this Part, or that the omission or misstatement of any particular with respect to any such charge, modification or issue of debentures of a series or with respect to any memorandum of satisfaction or other entry made in pursuance of section 138 or 139, was accidental or due to inadvertence or to some other sufficient cause or is not of a nature to prejudice the position of creditors or shareholders of the company or 1. Subs. by Act 65 of 1960, s. 31, for sub- section 1 . 2. Subs. by Act 41 of 1974, s. 13, for Court w. e. f. 1- 2- 1975 . b that on other grounds it is just and equitable to grant relief may, on the application of the company or any person interested and on such terms and conditions as seem to the Company Law Board just and expedient, direct that the time for the filing of the particulars or for the registration of the charge or for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis- statement shall be rectified.
a that the omission to file with the Registrar the particulars of any charge created by a company or of any charge subject to which any property has been acquired by the company or of any modification of any such charge or of any issue of debentures of a series, or that the omission to register any charge within the time required by this Part, or that the omission to give intimation to the Registrar of the payment or satisfaction of a charge, within the time required by this Part, or that the omission or misstatement of any particular with respect to any such charge, modification or issue of debentures of a series or with respect to any memorandum of satisfaction or other entry made in pursuance of section 138 or 139, was accidental or due to inadvertence or to some other sufficient cause or is not of a nature to prejudice the position of creditors or shareholders of the company or 1. Subs. by Act 65 of 1960, s. 31, for sub- section 1 . 2. Subs. by Act 41 of 1974, s. 13, for Court w. e. f. 1- 2- 1975 .
Subs. by Act 41 of 1974, s. 13, for Court w. e. f. 1- 2- 1975 .
b that on other grounds it is just and equitable to grant relief may, on the application of the company or any person interested and on such terms and conditions as seem to the Company Law Board just and expedient, direct that the time for the filing of the particulars or for the registration of the charge or for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis- statement shall be rectified.
The Company Law Board may make such order as to, the costs of an application under sub- section 1 as it thinks fit.
Where the Company Law Board extends the time for the registration of a charge, the order shall not prejudice any rights acquired in respect of the property concerned before the charge is actually registered.