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TMI Blog2018 (5) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... the defects liable to be extended under sub-rule (3) to rule 26 of the Rules? - Held that:- In the case on hand, the initial presentation of the appeal under Rule 22 on 19-02-2018 is within the period of limitation. The subsequent presentation after curing the defects on 27-03-2018 is apparently much beyond the period of 45 days. It is true that the proviso to sub-section (3) to section 421 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 26 cannot be extended by invoking the power under sub-rule (3) to rule 26. Therefore, the matter be placed before the Hon’ble Appellate Tribunal for appropriate orders. Point answered accordingly. - M. A. NO. 68 of 2018 - - - Dated:- 2-4-2018 - Smt. C. S. Sudha, J. ORDER 1. This is an application stated to be filed under Rule 11 of the NCLAT Rules, 2016 (hereinafter referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section (3) to section 421 of the Companies Act, 2013 (hereinafter referred to as the Act) an appeal has to be filed within a period of 45 days from the date on which a copy of the impugned order is made available to the person aggrieved. 5. The appeal herein is seen presented before the Registry on 19-02-2018. The appeal when scrutinised on 20-02-2018 was found to be defective and hence on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018 is within the period of limitation. However, the subsequent presentation after curing the defects on 27-03-2018 is apparently much beyond the period of 45 days. It is true that the proviso to sub-section (3) to section 421 of the Act provides that the period of filing an appeal can be extended for a further period not exceeding 45 days. However, the power to extend the period provided under th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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