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Mr Chaitanya Manohar vs M/S All Square Realtors India Pvt Ltd

National Company Law Appellate Tribunal3 January 2025

Ratio decidendi

The rule this decision rests on

The period of limitation of 90 days prescribed by Section 421(3) of the Companies Act, 2013 for preferring an appeal runs from the date the certified copy of the impugned order is made available to the appellant, and where the appeal is filed after that period has expired, it is barred by limitation. Where the delay in filing is inordinately long, and the appellant has taken an unexplained further period to cure registry defects despite repeated opportunities, the Tribunal's power to condone delay under Section 421(3) is circumscribed by the strict limitation scheme and does not extend to condoning a delay of that magnitude; the applications for condonation of delay are accordingly rejected and the appeal falls with them.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALAT CHENNAI(APPELLATE JURISDICTION)Company Appeal (AT) (CH) No. 90/2024(IA Nos. 1319 & 1320 / 2024)IN THE MATTER OF:\Mr. Chaitanya ManoharS/o. Madhavakrishnaiah ManoharNo.149, 1st Main RoadMLA Layout, RT Nagar,Bangalore - 560 032. ... AppellantV1. All Square Realtors India Private LimitedHaving its Regd. Office at 201, Raheja Plaza,Commissariat Road, Bangalore - 560 0252. Mr. Ramneek BakshiSon of Guruprakash SinghNo.1, Amyand Regency, Museum Road,Bangalore - 560 001, Karnataka3. Mr. Jitendra VirwaniSon of Mr. Mohan Virwani,No.322, Embassy Woods,6/A, Cunningham Road,Bangalore - 560 0524. Mr. Ramesh D. HarianiSon of Mr. Daulatram Hariani,Bungalow No.3, Grand Paradi Apts,A.K. Marg, Mumbai - 400 0365. Mr. Amit PorwalSon of Mr. Mohan Bhikamchand PorwalFlat No. 304, 3rd Floor,Sadashiva Nivas Apartments,Basavanagudi, Bangalore - 560 004Company Appeal (AT) (CH) No. 90/2024 Page 1 of 36. Shaina GanapathyDaughter of Ganapathy Kuppanda,1/1 Cookson Road,Richards Town, Bangalore - 560 005

7. Redwoods Hospitality Pvt. Ltd., The Estate NKo.403, 121, Dickenson Road Bangalore, India 560 042. ... Respondents

Present: For Appellant : Ms. Preeti Mohan, Advocate

ORDER

(Hybrid Mode)

03.01.2025

A few precise facts which are required to be dealt with by us, while

deciding this company appeal on the basis of the limitation, where the appellant

while invoking the provisions contained under Section 421 of the Companies

Act 2013, impugns the order of 13.06.2019, as it was rendered in CP No.

52/2013 (TP No. 49/2016), in a proceeding which were held under Section 397

& 398 of the Companies Act. What is apparent from the certified copy of the

impugned order itself is that, in respect of the aforesaid proceeding of the

Company Petition No. 52/2013, which was decided on 13.06.2019, the certified

copy of the impugned order was made available to the appellant on 20.06.2019

itself, meaning thereby the period of limitation of 90 days prescribed for

preferring an appeal under Section 421(3) of the Companies Act, has expired,

much prior to the date of preferring of this appeal, which is 03.01.2022, and not

even that, after filing of the Appeal before the registry on 03.01.2022, the

Company Appeal (AT) (CH) No. 90/2024 Page 2 of 3 Appellant has taken an inordinately long time to rectify the defects, despite

being given several chances by the Registry and has ultimately, re-filed the

same after a delay of 589 days. It is too long a period to be condoned while

exercising our powers under Section 421(3) of the Companies Act which itself

is circumscribed by strict implications of limitations.

In that eventuality, when the appeal itself apparently suffers from a bar of

limitation, and that too for a period beyond what has been statutorily prescribed

under Section 421 of the Companies Act, the Condone Delay Application being

IA No. 1319/2024, and the Application to condone delay in Re-filing being IA

No. 1320/2024, would hereby stand 'rejected' and as a consequence thereto the

'appeal' too would 'be laid to rest'.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical)

SNTM/MS

Company Appeal (AT) (CH) No. 90/2024 Page 3 of 3

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