No. 3 - Mr Khoday Ghanshyam Sahasrarjun & ... vs Khoday India Limited & Ors
- CitationCompany Appeal (AT) (CH) No. 03/2026
Ratio decidendi
The rule this decision rests on
The appeal under Section 421 of the Companies Act, 2013 must be filed within the period prescribed by Section 421(3); where the appeal is filed after that period, it is barred by limitation, and the period so prescribed is not extendable under law, so the appeal is liable to dismissal on that ground alone without examination of the merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of : Mr. Khoday Ghanshyam Sahasrarjun S/o Mr. K. P. Ghanshyam, Aged about 33 years, Residing at No. 9, Seshadri Road, Opp. Fire Station, Bengaluru - 560 009 .... Appellant No.1 House of Khodays Private Limited A Company incorporated under the Companies Act, having its registered office at No.16, 4th Main Road, Vyalikaval, Bengaluru - 560 003 Represented by its Directors .... Appellant No.2 Mrs. Jayalakshmi Khoday Wo Mr. K. P. Ghanshyam, Aged about 50 years, Residing at No, 9, Seshadri Road, Opp. Fire Station, Bengaluru - 560 009 .... Appellant No.3 V Khoday India Limited CIN : L85 110KA1965PLC001590 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Vice Chairman & Managing Director Mr. K.L. Swamy .... Respondent No.1
Khodays Breweries Private Limited CIN: U85110KA1965PTC001603 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Chairman Mr. K.L. Swamy .... Respondent No.2
Khoday Industries (Hyderabad) Private Limited CIN : U28991KA1967PTC114460 A Company incorporated under the Companies Act Having its Registered Office at: Brewery House,
CA (AT) (CH) No. 03/2026 Page 1 of 4 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.L. Swamy .... Respondent No.3
Khoday Industries Private Limited CIN : U29111KA1969PTC001830 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.L. Swamy .... Respondent No.4
Khoday Industries (Kuppam) Private Limited CIN : U74999KA1975PTC114461 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.L. Swamy .... Respondent No.5 Khoday Brothers International Private Limited CIN : U85110KA1995PTC017250 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.S. Giridhar .... Respondent No.6
Khodayss Technologies Private Limited CIN: U72200KA2000PTC028301 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.H. Srinivas .... Respondent No.7 Khodays Hotels Private Limited CIN: U85110KA1985PTC006628 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.S. Brijmohan .... Respondent No.8
Khoday Properties Private Limited CIN: U07010KA2005PTC036862 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.H. Srinivas .... Respondent No.9 CA (AT) (CH) No. 03/2026 Page 2 of 4 Khoday Control Systems Private Limited CIN : U85110KA1991PTC012174 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.S. Giridhar .... Respondent No.10
Khoday Business Private Limited CIN : U85110KA1984PTC06392 A Company incorporated under the Companies Act Having its registered office at: Brewery House, 7th Mile, Kanakapura Road, Bengaluru - 560 062 Represented by its Director Mr. K.S. Giridhar .... Respondent No.11
Present: For Appellants : Mr. K. Gowtham Kumar, Advocate
ORDER
(Hybrid Mode)
06.02.2026:
Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial):
The Company Appeal (AT) (CH) No. 03 / 2026 puts a challenge to the
Impugned Order of 11.06.2025, as it was passed by the Ld. Adjudicating Authority
in a proceedings under Section 7 of the Companies Act, 2013, to be read with Rule
8 of the Companies (Incorporation) Rules, 2014 and Rule 66 of the NCLT Rules.
The aforesaid proceedings were registered as CP (IB) No. 41 / BB / 2022. The
Certified Copy of the Order as it has been supplied by the Appellant, shows that he
applied for procuring the copy of the Order on 01.08.2025 and that was delivered to
him on 19.08.2025, but, still for the reasons best known to the Appellant, the Appeal
has been preferred before the Registry of this Tribunal by filing the same only on
CA (AT) (CH) No. 03/2026 Page 3 of 4 28.11.2025 i.e. much beyond the prescribed period of limitation as contemplated
under Section 421(3) of the Companies Act, 2013.
In that eventuality, the Company Appeal deserves to be dismissed on the
ground of limitation itself because that is not extendable under law. Accordingly,
the Company Appeal (AT) (CH) No. 03 / 2026, would stand dismissed.
[Justice Sharad Kumar Sharma] Member (Judicial)
[Jatindranath Swain] Member (Technical)
SR/MS/AK
CA (AT) (CH) No. 03/2026 Page 4 of 4
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