Section 402: Irregularity in proceedings

402. Irregularity in proceedings (1) No proceeding under this Act shall be invalidated by any defect, irregularity or deficiency of notice or time unless the Court is of opinion that substantial injustice has been or may be caused by such circumstance which cannot be remedied by an order of the Court. (2) The Court may if it thinks appropriate make an order declaring that such proceeding is valid notwithstanding any such defect, irregularity or deficiency. (3) Notwithstanding subsections (1) and (2), or any other provision of this Act, where an omission, defect, error or irregularity, including the absence of a quorum at any meeting of the company or of the directors, has occurred in the management or administration of a company whereby a provision of this Act has been contravened, or whereby there has been default in the observance of the constitution of a company or whereby any proceedings at or in connection with any meeting of the company or of the directors of any assembly purporting to be such a meeting have been [Issue 3] I14 – 218 Revised Laws of Mauritius rendered ineffective, including the failure to make or lodge with the Registrar of Companies any declaration of insolvency, the Court— (a) may, either of its own motion or on the application of any interested person, make such order as it thinks fit to rectify or cause to be rectified or to nullify or modify or cause to be modified the consequences in law of any such omission, defect, error or irregularity, or to validate any act, matter or thing rendered or alleged to have been rendered invalid by or as a result of any such omission, defect, error or irregularity; (b) shall, before making any such order, satisfy itself that such an order would not do injustice to the company or to any member or creditor; (c) where any such order is made, may give such ancillary or consequential directions as it thinks fit; and (d) may determine what notice or summons is to be given to other persons of the intention to make any such application of or the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper. (4) The Court may, on good cause being shown, enlarge or abridge any time for doing any act or taking any proceeding allowed or limited by this Act or any subsidiary enactment made under this Act on such terms as the justice of the case may require and any such enlargement may be ordered although the application for the same is not made until after the time originally allowed or limited.