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Sagufa Ahmed & Ors vs Upper Assam Plywood Products Pvt Ltd & ...

National Company Law Appellate Tribunal4 August 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

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHII.A. No. 1771 of 2020withCompany Appeal (AT) No. 118 of 2020IN THE MATTER OF:

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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