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Maharashtra Industrial Development ... vs Manoj Kumar Agarwal

National Company Law Appellate Tribunal18 January 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeal is barred by limitation: where the appeal is filed beyond the prescribed period of thirty days, and the appellant has shown no ground sufficient to explain the delay, the delay cannot be condoned and the appeal must be dismissed on that footing.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Ins) No. 30 of 2022

IN THE MATTER OF: Maharashtra Industrial Development Corporation ...Appellant Vs. Manoj Kumar Agrawal & Ors. ...Respondents

Present: For Appellant: Ms. Soumik Ghosal, Ms. Shyamali Gadre, Advocates

For Respondent: Ms. Varsha Banerjee, Mr. Karan Grover, Advocates

ORDER

(Through Virtual Mode)

18.01.2022: This appeal has been filed with delay, an application for

'condonation of delay' has also been filed being IA No. 100/2022. It has been

mentioned in the application that the order dated 19.02.2019 was

communicated to the Appellant on 12.09.2019.

Learned Counsel submitted that there is an administrative delay on the

part of the Appellant in filing the appeal. Prayer has been made to exclude

the time. Reference is also be made to the order of the Hon'ble Supreme

Court in suo moto writ petition 03/2020.

We have gone through the application. The delay, even if it is counted

from 12.9.2019 on which date it is claimed that the Appellant has received

the knowledge of the order, the appeal is highly barred by time. The limitation

being 30 days, we are of the view that there is no ground made out to condone

Company Appeal (AT) (Ins) No. 30 of 2022 1 the delay in filing the Appeal. IA for condonation of delay is dismissed,

in view of the aforesaid appeal is dismissed as 'barred by time'.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 30 of 2022 2

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