2017 (7) TMI 1096 - AT - Companies Law

Appeal from orders of Tribunal - condonation of delay - period of limitation - Held that - Submission made by learned counsel for the appellant cannot be accepted as provisions of Limitation Act 1963 can be applied only if it can be applicable. There being period of 45 days having prescribed under Section 421 (3) to the Appellate Tribunal to condone the delay the Appellate Tribunal has no jurisdiction to condone the delay beyond the said period.

Summary

Issues:
- Appeal against order dated 29th September, 2016 passed by National Company Law Tribunal
- Delay in filing the appeal beyond the prescribed period
- Applicability of Limitation Act, 1963 in condoning the delay

Analysis:
1. The appeal was filed against an order dated 29th September, 2016 passed by the National Company Law Tribunal. The appellant filed the appeal on 22nd February, 2017, which was 99 days after the impugned order. The relevant provision, Section 421(3) of the Companies Act, 2013, requires every appeal to be filed within 45 days from the date the order is made available. The Appellate Tribunal can condone the delay within a further period not exceeding 45 days from the date of receipt of the order.

2. The appellant's counsel argued for the applicability of Section 433 of the Companies Act, 2013, which makes the Limitation Act, 1963 applicable to proceedings before the Tribunal or the Appellate Tribunal. The counsel cited Section 29(3) of the Limitation Act, 1963, which allows for the condonation of delay. However, the Tribunal noted that the provisions of the Limitation Act, 1963 can only be applied if they are applicable. Since Section 421(3) of the Companies Act, 2013 prescribes a specific 45-day period for condonation of delay, the Appellate Tribunal does not have jurisdiction to condone the delay beyond this period.

3. Consequently, the Tribunal rejected the application for condonation of delay and dismissed the appeal as being barred by limitation. Despite the dismissal, no order as to costs was issued considering the facts and circumstances of the case. The decision was based on the strict interpretation of the statutory timelines provided under the Companies Act, 2013, emphasizing the importance of adhering to prescribed time limits in filing appeals before the Appellate Tribunal.