Balan N. Nagmani vs Ambuja Cements Ltd & Ors

Balan N. Nagmani ....Appellant

Vs.

Ambuja Cements Ltd. & Ors. ....Respondents

Present: For Appellant: Mr. Kumar Abhishek and Mr. Manoj Shukla, Advocates For Respondent:

ORDER

(Hybrid Mode)

25.10.2024 - This Application is for restoration of the Appeal which was

dismissed for non-prosecution on 24th May, 2024. The Order dated 24.5.2024

reflects the matter was called twice but none appeared and hence the Appeal

was dismissed. If one peruses the earlier Orders passed in this Appeal, one can

find that even on 26.4.2024, the main arguing Counsel did not appear. Even on

9th April, 2024, none appeared for the Appellant.

2. Even if we consider the Appeal on merits, one would find the Appeal is

against the impugned Order dated 15th December, 2017 when also the T.P.

No.27/58-59A/CLB-MB/2014 was dismissed for non-prosecution since the

Appellant was absent on three occasions. Admittedly, the Appeal was filed before

this Tribunal with a delay of 2239 days.

2

3. Section 421 of the Companies Act, 2013 reads as under:-

"421. Appeal from orders of Tribunal.-- (1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.

(2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties.

(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

(4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(5) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal."

Restoration Application No.37 of 2024 in Comp. App. (AT) No.108 of 2024 3

4. Proviso to Section (3) of Section 421 of the Companies Act says the

Appellate Tribunal may entertain an Appeal after expiry of the period of 45 days

of the impugned Order but within further period not exceeding 45 days.

Admittedly the Appeal is filed beyond the extended period of 45 days and hence

this Appellate Tribunal has no jurisdiction to entertain this Appeal as it cannot

condone such delay.

5. Considering the conduct of the Appellant in pursuing his case before the

learned NCLT as well as before this Tribunal, no concession can be given to the

appellant and hence Restoration Application being not pursued diligently as was

his appeal & TP No.27/2014 (supra), is thus dismissed. Pending applications

also stands disposed of.

[Justice Yogesh Khanna] Member (Judicial)

[Ajai Das Mehrotra] Member (Technical) rs/md

Restoration Application No.37 of 2024 in Comp. App. (AT) No.108 of 2024