Sagufa Ahmed & Ors vs Upper Assam Plywood Products Pvt Ltd & ...
- CitationCompany Appeal (AT) No. 118 of 2020
Ratio decidendi
The rule this decision rests on
Under Section 421 of the Companies Act, 2013, an appeal must be filed within 45 days of the impugned order; the Tribunal may entertain an appeal after that period only if sufficient cause is shown for delay, and only within a further period not exceeding 45 days, so that the outer limit is 90 days from the order. An appeal filed beyond the 90-day outer limit under Section 421 is time-barred and cannot be entertained, and the Tribunal has no power to condone delay beyond that limit.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ms. Sagufa Ahmed & Ors. ...Appellants Versus Upper Assam Plywood Products Pvt. Ltd. & Ors. ...Respondents
Present
For Appellant: Mr. Gunjan Singh and Ms. Pragya Ganjoo, Advocates
For Respondent: Mr. Shekib Ahmed (Party in Person)
ORDER
(Virtual Mode)
04.08.2020 Heard the Learned Counsel for the Appellant. In this matter,
the impugned Judgment was passed on 25th October, 2019 and the Appellant
applied for certified copy, (as can be seen from Annexure- A1) on 21st November,
2019. The copy was received on 19th December, 2019. Even if we exclude the
period from 21st November, 2019 to 19th December, 2019 the Appeal filed on 20th
July 2020 would be time-barred. The Learned Counsel for the Appellant states
that there was delay beyond 90 days because of the age factor of the Appellants
and that the Appellants are senior citizens and distance from Guwahati to Delhi.
Under Section 421 of the Companies Act, the period of Appeal is 45 days and we
can entertain the Appeal after expiry of the said period but within a further
period not exceeding 45 days. In the present matter, the Appeal was filed on 20th
July, 2020. There was lockdown from 23rd March, 2020. But then, it can be seen 2
that before that itself, more than 90 days period had been consumed. By end of
February 2020, 98 days appear to have been consumed.
Thus, the Appeal is time-barred and the Appeal is dismissed.
[Justice A.I.S. Cheema] Member (Judicial)
[Justice Anant Bijay Singh] Member (Judicial)
[Ms. Shreesha Merla] Member (Technical)
Basant B/nn /
Company Appeal (AT) No. 118 of 2020
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