The Archive · 1920

Before His Honour Judge Sim

HaviLtanp DE Savsmarez — In the matter of Hogg, Karanjia:

Ca., Ld., and in the matter-of the Companies' Ordinance: 1911-1915, This was a motion, adjourned from December 18, in connexion with the applicants' failure through. inadvertence to file with the Registrar of Companies a return of allotments in shares.

Mr. Lipson Ward said that when the motion came before the Court in December he applied on behalf of the company for leave to file within 21 days certain returns ut allotment of shares which had been omitted to be filed. An affidavit: had been filed which said that certain allotments had been made, and that there were only two shareholders and two directors.

His Lordshin—The same people?

Mr, Ward—The same people, Mr. Nosserwan Bomanjee Karanjia and Mr. Arthur Vivian Hogg, who is at present in America. The whole of the trouble was, counsel continued, as was always the case in connexion with these small companies, that the directors had not—consulted legal advisers. 'The business was. carried on in Canton, and if they had_gone to some firm of solicitors in Hongkong there would have been no trouble. The Crown Advocate, who appeared on behalf the' Registrar of (Companies, brought to the Court's notice the fact that a number of other returns: had not been made, and an order as made that the returns should be filed within six weeks, and the Court would then consider the question of waiver of penalties. The whole matter had now been put in order and the directors hat been informed that they must comply with the terms of the Act and that, as they were ignorant of the somewhat complicated provisions of this Order in Council, they must seek lega! advice in _the future. Cornsel asked his Lordship to make an order that the penalty under section 91 be not imposed. the allotments having been filed within 21 days, and other provisions coniplicd with' within the extended time of six weeks.

The Crown Advocate (Mr. H. P. Wilkinson) offered. no objection, and his Lordship granted the application.

Text read from the printed page and cleaned; old type leaves the occasional error.

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