IN THE HIGH COURT OF JUDICATURE AT PATNA COM PET No.5 of 2002 IN THE MATTER OF PATNA FORGINGS PRIVATE LTD. (IN LIQUIDATION) ----------- 22. 6.1.2011 A petition has been filed with a prayer for extension and grant of time to the petitioner company to file electronically certified copy of the order dated 15.5.2009 passed by this Court in Company Petition No.5/2002 in the office of the Registrar of Companies, Bihar and Jharkhand in Form No.21 with requisite filing fee. By the said order this Court recalled the winding up order dated 18.7.2008 and disposed of the company petition with liberty to the Management of the Company to approach the Registrar of Companies for the needful. It is submitted by learned counsel for the petitioner that due to unavoidable circumstances the petitioner could not file the certified copy of the said order and subsequently received the letter dated 29.6.2009 from the Registrar of Companies issuing notice to show cause against alleged contravention of Section 466 (3) of the Companies Act, 1956. From a perusal of the said provision, even if the same is held to be applicable to an order - 2 - of recall, it appears that the order of this Court had to be filed forthwith without prescribing any specific time/ period for the same. Learned counsel for the petitioner or the Registrar of Companies is unable to point out any provision in the rules specifying the time limit. Hence, the said provision is to be treated as requiring the filing of the order within a reasonable period of time. It is stated by learned counsel for the petitioner that the petitioner could not file the certified copy of the order dated 15.5.2009, as the Director of the petitioner Company Sk. Md. Nizam was suffering from serious liver problem and is still undergoing treatment. On a consideration of the entire facts and circumstances of the case, the time for filing the order dated 15.5.2009 of this Court is extended to one month from today. The application is, accordingly, disposed of. VPS ( Ramesh Kumar Datta, J. )