Koneru Gandhi vs Nri Power & Infra Corporation ...

NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI (APPELLATE JURISDICTION) Company Appeal (AT) (CH) No.79/2024 In the matter of: Koneru Gandhi, S/o. Hanumanth Rao Koneru, Flat No.501, Narvens Vaishno Sudham, Gulmohar Avenue, Somajiguda, Hyderabad - 500 082. ... Appellant V 1. M/s. NRI Power & Infra Corporation Pvt. Ltd. Flat No.402, 6-3-609/150, Ramkishan Residency Anand Nagar Colony, Near MRO Office, Khairatabad, Hyderabad, Telangana 500 004.

2. Indira Devi, W/o. K.P.V. Subbiah, R/o 8-2-617/A/4, Flat No.G-3, Road No.11, Banjara Hills, Hyderabad - 500 034.

3. Venkata Ramana Peesetti, S/o. Peersetti Venkatarathna, Rajukunta, Chitvel, Kadapa, Andhra Pradesh - 516 104.

4. Lokanandha Yannaru, S/o. Subbana Yannaru, H no:1/13, Rajakunta Chitvel, Cuddapah, Andhra Pradesh - 516 104.

5. Neeraj Kumar Kodidala, S/o. Peda Venkata Subbaiah Kodidala, Flat No.503, Asvasidh Novateur Nest 2 Gautami Enclave, Near Chiree Public School, Kondapur, K V Rangareddy, Hyderabad - 500 084.

Comp App (AT) (CH) No.79/2024 Page 1 of 6 6. Lakshmi Chakradhar Mukkasa, Flat No.402, 6-3-609/150, Ramkishan Residency Anand Nagar Colony, Near MRO Office, Khairatabad Hyderabad, Telangana - 500 004.

7. Kodidala Pedda Venkata Subbaiah, S/o. K. Ramaiah, 8-2-617/A/4, Flat No.G-3, Road No.11, Banjara Hills, Hyderabad - 500 034.

8. Annala Narasimha Varaprasad, S/o. Narasimha Anala, 7-92/1, M.R Palli, Shanthi Nagar Tirupathi (U), Chitoor, Andhra Pradesh - 517 502.

9. Yalavarthy Naga Mohan Chand, #7, Manvi Rosa Garden Camp Naga Mohan RAYACHUR Karnataka - 584 123. ...Respondents Present : ss

For Appellant : Mr. Niranjan Reddy, Senior Advocate For Mr. Y Suryanarayana, Advocate For Respondents : Mr. S. Ravi, Senior Advocate For Mr. Rohan Aloor, Advocate for R2

ORDER

(Hybrid Mode) 16.06.2025:

The Appellant in this instant Company Appeal, is Respondent No.2 in

Company Petition No.46/59/HDB/2022, Indira Devi Vs NRI Power & Infra

Corporation Pvt. Ltd. & 8 Ors. The said Company Petition was decided, along

with the Company Petition No.39/241/HDB/2022 by Learned NCLT, Hyderabad,

by passing a composite order dated 21.08.2024. Appeal against the order passed

Comp App (AT) (CH) No.79/2024 Page 2 of 6 in Company Petition No.39/241/HDB/2022, is independently under consideration

in the connected Comp App (AT) (CH) No.63/2024, and as such we are not going

to venture into the propriety of the Impugned Order dated 21.08.2024, so far as it

relates to the Company Petition No.39/241/HDB/2022, which will be exclusively

the subject matter of consideration in the Comp App (AT) (CH) No.63/2024.

2. What are we concerned herein, is with the order, which has been rendered

in CP No.46/59/HDB/2022, Indira Devi Vs NRI Power & Infra Corporation Pvt.

Ltd. & 8 Ors., which was the Company Petition preferred by Indira Devi,

Respondent No.2, in the instant Company Appeal. In the said order, Ld. NCLT

has first arrived at the finding that the Company Petition is not barred by

limitation and thereafter, after hearing both parties and considering their

submission, has proceeded to dismiss the Company Petition. The Appellant

herein seeks to challenge the finding that CP No.46/59/HDB/2022 is not barred

by limitation.

3. The issue of limitation so far, it relates to CP No.46/59/HDB/2022, was

taken up before the Learned Tribunal, and the aspect of limitation, has been

elaborately considered in para 14 & 15 of the impugned order, with the conclusion

arrived at in para 16 of the order. In these paragraphs the Learned Tribunal has

observed that, in normal course, limitation would have expired on 28.11.2021,

that this falls within the period from 15.03.2020 to 28.02.2022 which was ordered

to be excluded for the purpose of limitation by virtue of the Judgment of the

Comp App (AT) (CH) No.79/2024 Page 3 of 6 Hon'ble Apex Court as rendered in Suomotu Writ Petition, (Civil) No.3/2020,

and therefore the period of limitation will get extended from 01.03.2022 by the

balance period of limitation available from 15.03.2020 which is 625 days, to

25.11.2023 and since the Company Petition was filed on 08.09.2022, it has to be

construed, to be falling well within the limitation period, it would not be barred

by limitation.

4. The Appellant has challenged this finding in this instant Appeal

contending that the limitation period, even taking into account the implication of

Suo Moto Judgement of Hon'ble Apex Court, should have ended on 30.05.2022,

that is, 90 days from 01.03.2022, and hence the Company Petition would be

barred by limitation.

5. During the course of the argument, the Learned Senior Counsel for the

Respondent, Mr. S. Ravi, has harped upon the fact that the question of

determination of limitation period on account of Covid 19 Pandemic would now

stand covered by the Judgment of Hon'ble Apex Court dated 01.03.2024 reported

in 2024 Vol 5 SCC Page 313 Arif Azim Company Limited Vs Aptech Limited,

in which it has been observed that for cases where the period of limitation would

be expiring in between 15.03.2020 to 28.02.2022, the balance period of limitation

left as on 15.03.2020 will become available with effect from 01.03.2022. The Ld.

Senior Counsel for the Appellant admits that this is indeed the case and that the

findings of Ld. NCLT is correct owing to the ratio, which has already been settled

Comp App (AT) (CH) No.79/2024 Page 4 of 6 in the matters of Arif Azim Company ltd v. Aptech Ltd. The Ld. Counsel for the

Appellant submits that since the issue stands covered by the aforesaid Judgment,

no independent adjudication is required in the instant Company Appeal at the

behest of the Appellant, so far as it relates to challenging the part of question of

limitation, as it has been decided by the Learned Tribunal in the matters of

Company Petition No.46/59/HDB/2022.

6. Owing to the aforesaid consensus and particularly the implications that

has been drawn from the ratio of the Hon'ble Apex Court Judgment, it can be

safely held that the finding recorded by the Learned Adjudicating Authority, qua

the aspect of determination of limitation, that the petition is falling well within

the period of limitation to be calculated based upon the principles of exlusion

provided by the Hon'ble Apex Court Judgment in Suo Moto WP (Civil)

No.3/2020, which has been challenged by the Appellant, does not call for any

interference owing to the principles settled by Hon'ble Apex Court, in its

judgment in the matters of Arif Azim Company Limited. Since, admittedly the

controversy stands settled in the light of the aforesaid Judgment, the partial

challenge by the Learned Counsel for the Appellant to the impugned order with

regards to limitation, is not required to be ventured into on the merits.

7. Hence, the Appeal would stand dismissed, limited to the extent of the

challenge given in the aspect of limitation, which stood granted by the Learned

Tribunal to the petitioner of the Company Petition. Owing to the above, the

Comp App (AT) (CH) No.79/2024 Page 5 of 6 Company Appeal lacks merit and the same is accordingly dismissed in the light

of the principles propounded by the Judgment of Arif Azim Company Limited Vs

Aptech Limited. All pending Interlocutory Applications would stand closed.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical) VG/MS/RS

Comp App (AT) (CH) No.79/2024 Page 6 of 6