2019 (4) TMI 2008 - AT - Companies Law

Maintainability of appeal - delay in filing appeal - HELD THAT - Having heard learned counsel for the parties and being satisfied of the grounds and exercising power keeping in view Sub-section (3) of Section 421 of Companies Act, 2013, delay of 41 days in preferring the appeal is condoned. Maintainability of appeal - time limitation - HELD THAT - The appeal is well within time - Respondent in both the appeals may file reply affidavit within 10 days. Rejoinder may be filed by the Appellant within 10 days thereof. Parties are allowed to file affidavit giving details of dates of during which default made in compliance of provisions of the Act. Post these appeals for orders on 14th May, 2019 before first bench.

Summary

Issues:
1. Delay of 41 days in preferring the appeal in Company Appeal (AT) No. 12 of 2019.
2. Timely filing of the appeal in Company Appeal (AT) No. 13 of 2019.

Analysis:
1. Delay of 41 days in preferring the appeal in Company Appeal (AT) No. 12 of 2019:
In this case, the impugned order dated 11th July, 2018 was communicated to the Office of Registrar of Companies on 12th October, 2018. However, the appeal was filed on 7th January, 2019, resulting in a delay of 41 days. The counsel for the Appellant submitted the delay and sought condonation. After hearing the parties, the Tribunal, exercising power under Sub-section (3) of Section 421 of the Companies Act, 2013, condoned the delay of 41 days. Consequently, I. A. No. 71 of 2019 was disposed of.

2. Timely filing of the appeal in Company Appeal (AT) No. 13 of 2019:
In this appeal, the order dated 3rd April, 2018, was communicated to the Office of Registrar of Companies on 3rd December, 2018, and received on 5th December, 2018. The appeal was then filed on 7th January, 2019, within the prescribed time limit of 45 days. The Tribunal, after considering the submissions, held that the appeal was filed within the stipulated time frame. Consequently, the appeal was deemed to be well within time.

In both cases, the Respondents were directed to file reply affidavits within 10 days, followed by the Appellant filing a rejoinder within 10 days thereafter. Additionally, the parties were permitted to file affidavits detailing the dates during which default was made in compliance with the provisions of the Act. The appeals were scheduled to be posted 'for orders' on 14th May, 2019 before the first bench.