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2020 (10) TMI 828 - AT - Companies LawCondonation of delay in filing appeal - time limitation - 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 - HELD THAT - 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 that before that itself, more than 90 days period had been consumed. By end of February 2020, 98 days appear to have been consumed. The Appeal is time-barred and the Appeal is dismissed.
Issues: Time-barred appeal due to delay in filing within the statutory period.
The judgment by the National Company Law Appellate Tribunal, New Delhi dealt with the issue of a time-barred appeal. The impugned judgment was passed on 25th October, 2019, and the appellant applied for a certified copy on 21st November, 2019, receiving it on 19th December, 2019. The appellant filed the appeal on 20th July 2020, which was beyond the statutory period. The appellant argued that the delay was due to their age and distance from Guwahati to Delhi. The tribunal noted that under Section 421 of the Companies Act, the appeal period is 45 days, extendable by a further 45 days. However, by the end of February 2020, 98 days had already passed, making the appeal time-barred. The tribunal dismissed the appeal due to being filed beyond the statutory period, even considering the lockdown period from 23rd March, 2020. In this case, the main issue was the delay in filing the appeal, which rendered it time-barred. The tribunal highlighted the statutory appeal period of 45 days under Section 421 of the Companies Act, which can be extended by another 45 days. Despite the appellant's argument of facing delays due to age and distance, the tribunal emphasized that by the end of February 2020, 98 days had already elapsed from the impugned judgment. The tribunal noted that even considering the lockdown period from 23rd March, 2020, the appeal was filed well beyond the permissible timeframe. Consequently, the tribunal dismissed the appeal as it was not filed within the statutory period, leading to it being time-barred.
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