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TMI Blog2020 (9) TMI 888X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the month of July 2012 as mentioned at page 12 of the application. We further find, thereafter in the year 2015, a company petition being Company Petition No. 6 of 2015 was filed before the Hon'ble Allahabad Bench which was disposed of 19.11.2018 and the present application is filed on 16.01.2020. The right to apply accrues in the month of July 2012, when the last payment was made by the corporate-debtor to the applicant. As per the contention of the learned counsel appearing for the applicant the company petition was filed, on 10th July 2015, whereas the right to apply accrue on 12th July 2012 which means the company petition was filed, according to the submissions of the learned counsel appearing for the applicant, one day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitation under Section 14 of the Act, accordingly, we hereby reject the prayer of the applicant but condone the delay under Section 5 of the Limitation Act, and so far exclusion of the period spent during the proceedings before the Hon'ble Allahabad High Court is concerned, we have already held that even if we shall exclude that period, the present application is barred by limitation, accordingly, the application filed by the application under Section 9 of the Act, is not maintainable since it is barred by limitation, hence the same is hereby dismissed. - C. P. No. IB-303/(ND)/2020 - - - Dated:- 25-2-2020 - Abni Ranjan Kumar Sinha, Member (J) and Dr. V.K. Subburaj, Member (T) For the Appellant: Jaikiriti Jadeja , S. Hariharan , ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that that said order was communicated to the petitioner by the conducting counsel of the petitioners vide e-mail dated 27th November 2018. 6. She further submitted that in the meantime, the authorized signatory of the petitioner company was admitted in the Hospital on 18.4.2019 and was undergone for surgery at Apollo Hospitals Chennai and also advised to take bed rest for 3 months. 7. She further submitted that again the authorized signatory fallen sick and admitted in the hospital on 22nd September 2019 and a second surgery was done in the said hospital on 23rd September 2019 and subsequently he was discharged on 3rd October 2019 and due to this the proper application was not presented before this Tribunal, although the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 2015, a company petition being Company Petition No. 6 of 2015 was filed before the Hon'ble Allahabad Bench which was disposed of 19.11.2018 and the present application is filed on 16.01.2020. 13. At this juncture, we would like to refer the arguments advanced on behalf of learned counsel appearing for the petitioner, who in course of argument submitted that although there is no specific date for filing of the Company Petition No. 6 of 2015 before the Hon'ble Allahabad Bench is mentioned in the application but it was filed on 10th July 2015. We further find at page 13, the petitioner claim exclusion of time under Section 14 of the Limitation Act and subsequently filed an application under Section 5 of the Limitation Act for c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date regarding the last payment, the learned counsel appearing for the applicant try to convince us that the petition is filed within three years when the right to file accrue. If we accept this contention then we find, the petitioner is entitled to claim the exclusion of the period, which has been spent with due diligence in another proceedings. As per the contention of the learned counsel appearing for the applicant, the company petition was filed on 10th July 2015 and the said proceeding was terminated on 19.11.2018, whereas the present petition is filed on 16.1.2020, that is much after more than one year of the disposal of the company petition by the Hon'ble Allahabad High Court. 17. We have already referred that, as per the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8), may he admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the applicant within such period. Explanation- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this Section. 20. Mere plain reading of the provisions shows that Section 5 of the Limitation Act is not applicable in condoning the period, where, there is a specific provision under the Limitation Act, which prescribe the period for filing any applications, which relates to recovery of money within such period the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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