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Sudhir Hirenwarn & Ors vs Linkson International Ltd & Ors

National Company Law Appellate Tribunal30 April 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The court holds that where an adjudicating authority's order is delivered on a particular date, limitation for an appeal against it runs from the date of delivery, so that a party's claimed lack of awareness of the proceedings, coming to light only some weeks after the order, does not on the reasons advanced justify condoning a delay of 96 days, and the delay condonation application and the appeal are accordingly rejected.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins) No. 2280 of 2024&I.A. No. 8514, 8578 of 2024IN THE MATTER OF:

SudhirHirenwar&Ors. ...Appellant(s)

Versus

Linkson International Ltd. &Ors. ...Respondent(s) Present: For Appellant : For Respondents : Mr. Gaurav H. Sethi, Mr. Rahul Pawar, Mr. Rahul Kapoor, Advocates.

With Comp. App. (AT) (Ins) No. 830 of 2024 & I.A. No. 3003 of 2024

IN THE MATTER OF:

YashwantLalchandSangla, ...Appellant(s) (Suspended Director of Linkson International Ltd.) &Ors.

Versus

Manish Baldeva, ...Respondent(s) (Liquidator of Linkson International Ltd.) &Ors. Present: For Appellant : Mr. Gaurav H. Sethi, Mr. Rahul Pawar, Mr. Rahul Kapoor, Advocates. For Respondents : Ms. Aditi Tuteja, Advocate for R-1. ORDER

(Hybrid Mode)

30.04.2025: I.A. No. 8578 of 2024-This is an application filed by the

appellant praying for condonation of 96 days' delay in filing the appeal.

Order was passed on 23.02.2024 and this appeal has been e-filed on

28.06.2024.

Ld. Counsel for the Applicant submits that appellant was not aware

of the proceedings and hence they could not file the appeal within time.

After the order was passed they came to know only in the month of March,

2024.

Be that as it may, application was filed against the appellant which

was heard and decided by the Adjudicating Authority and order was

delivered on 23.02.2024. When the order was delivered on 23.02.2024

limitation shall commence from the date of delivery of the order and we are

of the view that on the reasons as submitted by the appellant the delay of 96

days in filing the appeal cannot be condoned. Delay condonation application

is rejected. Memo of appeal is also rejected.

Comp. App. (AT) (Ins) No. 830 of 2024

Ld. Counsel for the Appellant submits that the Respondent No.

8/Nagpur NagrikSahakari Bankhas not yet filed the reply. Although time

was allowed earlier. We allow three weeks' further time to file a reply. Two

weeks for rejoinder.

List on 08.07.2025.

Interim order to continue.

[Justice Ashok Bhushan] Chairperson

[BarunMitra] Member (Technical)

[ArunBaroka] Member (Technical) sr/nn

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