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Suma Holding Private Limited & Anr vs Registrar Of Companies Nct Of Delhi & ...

National Company Law Appellate Tribunal8 August 2023

Ratio decidendi

The rule this decision rests on

The Tribunal's statutory power to condone delay in filing an appeal under Section 421 of the Companies Act, 2013 extends only to a further period of 45 days beyond the initial 45-day limitation period. Once the total period of 90 days has expired, the Appellate Tribunal has no power to condone the delay and cannot entertain the appeal, so the appeal and the application for condonation of delay are dismissed.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) No. 137 of 2023&I.A. No. 3497 of 2023

IN THE MATTER OF: Suma Holding Pvt. Ltd. & Anr. ...Appellants Versus The Registrar of Companies & Anr. ...Respondents

For Appellants : Mr. Manish Khurana, Advocate For Respondents :

ORDER

08.08.2023: Heard Mr. Manish Khurana, Ld. Counsel for the Appellant.

The present appeal has been filed under Section 421 of the Companies Act,

2013 against an order dated 12.04.2021 passed by National Company Law

Tribunal, New Delhi Bench (Court-II). Since delay has occurred, an

Interlocutory Application vide I.A. No. 3497 of 2023 has also been filed for

condonation of delay. In condonation of delay petition it has been indicated

that in filing appeal delay of 766 days has occurred. Ld. Counsel for the

Appellant tried to persuade the court that delay was not intentional but delay

has occurred due to the reason which was beyond the control of the Appellant.

Be that as it may, considering the fact that statutorily this tribunal is

authorized to condone the delay of 45 days, after expiry of first 45 days, on

being satisfied with the reason, after expiry of complete 90 days there is no

reason for this Appellate Tribunal to entertain the appeal. -2-

Accordingly, condonation of delay/limitation petition stands dismissed

and consequently, the appeal also stands dismissed.

[Justice Rakesh Kumar] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

sr/md Company Appeal (AT) No. 137 of 2023 & I.A. No. 3497 of 2023

Connected matters

Decided by the same order

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