Manish Vipinchandra Patel vs Ambika Food Products Pvt Ltd

5. Shri Ashwinkumar Occhhavlal Sheth, 67, Surdhara Bungalows, Near Sal Hospital, Surdhara Circle, Drive-In Road, Ahmedabad. 6. The Registrar of Companies, Opp Rupal Park, Near Ankur Bus Stand, Naranpura, Ahmedabad. Respondents

Present: Mr. Malak Bhatt Advocate with Ms Sonali Malik, Advocate for the Appellants. Mr. Vijay Assudani, Advocate for Respondent No.2 and 3. Mr Ashok Mehta, PCS for Respondent Mr. Pradeep Tiwari, Advocate for Respondent. Mr. Sujeet Gupta, Advocate for Respondent No.4 and 5.

ORDER

(17.10.2017)

1. Heard Learned counsel for the appellants and the counsel for the

Respondent No.2 to 5 on Interlocutory Application No.594/2017 in Company

Appeal No.306/2017. Perused the interlocutory application. Learned counsel

for the appellant submits that the impugned order in TP No.197/397-

398/NCLT/AHM/2016(New)-CPNo.16/397-398/CLB/MB/2012(Old) -

Manish V. Patel & Ors Vs Ambica Food Product Pvt Ltd & Ors was passed on

17.5.2017 and the certified copy of the order was received by appellants on

27.6.2017. Learned counsel pointed out that thus the statutory period of 45

days for filing the appeal would end on 11.8.2017. He further submitted that

after presenting the appeal and curing the defects the appeal was treated as

filed on 12.9.2017 and according to him it would be 30 days delay over the

45 days permitted and thus the same could be condoned under Section 421

of the Companies Act, 2013.

2. Learned Counsel for the Respondent No.2 and 3 refers to his affidavit

in reply filed and has stated that the appellants have falsely claimed that they

have received the certified copy of the order on 27.6.2017. It is a matter of record that the appellant in this matter had filed an Interim Application

No.212/2017 for clarification before National Company Law Tribunal,

Ahmedabad and for the purpose of clarification they had themselves filed

certified copy which showed that the certified copy of the impugned order was

received on 7.6.2017. This is shown from Page 32 of the affidavit in reply

Thus according to the learned counsel if this is considered then the appeal

has been presented more than 45 days after the permitted period of 45 days.

Thus the Tribunal can not condone the delay, it is stated.

3. In response the learned counsel for the appellant in Company Appeal

(AT) No.306/2017 submits that may be there was some error on the part of

the Registry at Ahmedabad in writing the date.

4. Looking into the documents and records, when the Learned counsel for

the respondent is able to show from the record that the certified copy of the

order was issued to the appellant on 7.6.2017, the present matter filed on

12.9.2017 must be said to be barred by limitation by at least 6 days. Not only

the 1st page of the certified copy of the order shows date as 7.6.2017, (Page

32 of the affidavit in reply of Respondent No.2 and 3) but also Page 70 shows

that the certified copy of the order was issued on 7.6.2017. Learned counsel

for the respondent has pointed out that there is the 'true copy' endorsement

of the Advocate "MJD" who was representing the present applicants in the

National Company Law Tribunal.

5. Going through the record, it must be said that the present appeal is

barred by limitation. I.A. No.594/2017 is rejected and Company Appeal (AT)

No.306/2017 is disposed off as time barred. Applicants may take admissible stand in reply to Company Appeals (AT) No.272/2017 and 273/2017 filed by

other side

(Justice A.I.Cheema) Member(Judicial)

(Mr. Balvinder Singh) Member (Technical) Bm/sh/nn