The Tax Publishers 2019 TaxPub(CL) 0248 (NCLAT-Del) : (2019) 212 CompCas 0473 : (2019) 149 CLA 0269

 

S.P. Perumal v. V. Ramasamy & Ors.

 

COMPANIES ACT, 2013

--Appeal from orders of Tribunal --Appeal filed after expiry of period of limitation provided under section 421No sufficient cause shown for delay in filing appeal--Whether such appeal maintainable--Where appeal against order of Tribunal was filed by appellant much beyond the expiry of period of limitation of 45 days and a further period of another 45 days had also expired, said appeal was to be dismissed being barred by limitation.--VR (respondent-shareholder) filed oppression and mismanagement petition alleging that SP (appellant) had allotted shares of the company to himself and became the director by excluding the actual shareholders by forging the documents on the letter head papers of the company, which were given as blank for keeping with SP, as security for dues owed by the company to him. The NCLT ordered to maintain status quo regarding the shareholding pattern. The order was dated 12-3-2018. The appeal was filed based on certified copy, which had the stamp of certification dated 14-3-2018. VR claimed that he was proceeded against ex-parte and he came to know of the said order only on 2-7-2018. However, he himself relied on the copy which was certified on 14-3-2018. The appeal was presented on 6-7-2018 in the Appellate Tribunal, which was about 113 days later than the date of certified copy. The question arose on maintainability of appeal. Held: Under section 421, the appeal was to be filed within 45 days from the date on which the copy of the order of the Tribunal was made available to the person aggrieved. The proviso to section 421(3) stated that the Tribunal could entertain an appeal after the expiry of the period of 45 days from the date aforesaid, but within a further period not exceeding 45 days, if it was satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. After the first 45 days given to file the appeal, the next 45 days would require sufficient cause to be shown. The Appellate Tribunal had no power to condone beyond this second slab of time. Since the appeal was presented much beyond the period of 90 days and no prima facie case was made out by the appellant that he had good case and grounds for setting aside ex parte order. Hence, appeal was dismissed being barred by limitation.

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