Richa Gupta & Ors vs Hotel Zodiac Pvt Ltd & Ors
- CitationCompany Appeal (AT) No. 52 of 2021
Ratio decidendi
The rule this decision rests on
The period of limitation for an appeal under section 421 of the Companies Act, 2013, runs for 45 days from the date on which a copy of the Tribunal's order is made available to the person aggrieved; where the copy date is not disclosed, the period is computed from the date of the impugned order. Where the limitation period expired between 15.03.2020 and 14.03.2021, the extension directed by the Supreme Court in suo motu Writ Petition No. 3 of 2020 gives the appellant a further period of 90 days from 15.03.2021 within which to file the appeal, and an appeal filed within that extended period is within limitation, so no question of condonation of delay arises.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Richa Gupta & Ors. Appellants
Vs.
Hotel Zodiac Pvt. Ltd. & Ors. ....Respondents
Present: For Appellant: Mr. Mansumyer Singh and Ms. Richa Gupta (Party & Person), Advocate For Respondent: Mr. Pradeep Kar, R-1 Mr. Krishna Kumar, Advocate for R2 & 3.
ORDER
(Virtual Mode)
05.07.2021: Ld. Counsel representing the Respondent No. 2 & 3 has filed
the Reply of I.A. No. 762 of 2021 an Application for condonation of delay.
We have heard Ld. Counsel for the parties, the impugned order passed
on 12.11.2020 as per section 421 of Companies Act, 2013, the Appeal shall be
filed within a period of 45 days from the date on which a copy of the order of
the Tribunal is made available to the person aggrieve. The date of copy made
available to the Appellant is not disclosed in the Application, therefore, we have
calculated 45 days from next date of passing of the order which comes on
27.12.2020. Hon'ble Supreme Court in suo motu Writ Petition No. 03 of 2020
ordered that if the limitation is expired between 15.03.2020 to 14.03.2021 then
the Appellant will get 90 days' period from 15.03.2021. it means the Appellant
can file the Appeal before 13.06.2021. The Appellant has filed the Appeal on 2
11.03.2021. We find that the Appeal is within limitation. Thus, there is no
question of condonation of delay in filing the Appeal. Hence, the Application
I.A. No. 762 of 2021 is disposed of.
Ld. Counsel appearing for the Respondent No. 1 seeks and is granted
three weeks' time to file Reply Affidavit. The Respondent Nos. 2 & 3 have filed
the Reply Affidavit, which is taken on record.
Rejoinder, if any, may be filed within one week thereafter.
Let the matter be fixed 'For Admission (After Notice)'on 23rd August,
2021.
[Justice Jarat Kumar Jain] Member (Judicial)
[Dr. Ashok Kumar Mishra] Member (Technical)
SC/md.
I.A. No. 762 of 2021
In Company Appeal (AT) No. 52 of 2021
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