Coimbatore Gem & Jewellry Industry Pvt. ... vs The Registrar Of Companies, Tamil Nadu ...
- CitationCompany Appeal(AT) No. 333 of 2018
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal has no jurisdiction to condone a delay in filing an appeal under Section 421 of the Companies Act, 2013 beyond the 45-day extended period permitted by sub-section (2) of that section, and an appeal filed after that outer limit is therefore barred by limitation and must be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Coimbatore Gem & Jewellry ...Appellant Industry Pvt. Ltd.
Vs
The Registrar of Companies, ....Respondent Tamil Nadu, Coimbatore
Present:
For Appellant: None.
For Respondent: None.
ORDER
03.10.2018 Earlier when the matter was taken up on 26th September,
2018, nobody appeared and following order was passed:
"In spite of repeated calls, no body appears on behalf of the appellant. To give another opportunity to the appellant, the matter(s) is adjourned.
Post the case 'for Admission (Fresh Case)' on 3rd October, 2018."
Today also in spite of repeated calls nobody appears on behalf of the
Appellant.
This appeal has been preferred under Section 421 of Companies Act, 2013
after a delay of 198 days. As per sub section (2) of Section 421 of Companies Act,
2013, no appeal can be entertained by this Appellate Tribunal if it is filed beyond
45 days in addition to 45 days' time granted to file the appeal. For the said reason,
Company Appeal(AT) No. 333 of 2018 Page 1 of 2 this Appellate Tribunal having no jurisdiction, the delay cannot be condoned.
Petition for condonation of delay is accordingly dismissed and in result, the appeal
is dismissed being barred by limitation.
I.A. No. 1541 of 2018 stands disposed of.
[Justice S.J. Mukhopadhaya] Chairperson
[Justice Bansi Lal Bhat] Member (Judicial) Akc/Gc
Company Appeal(AT) No. 333 of 2018 Page 2 of 2
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