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TMI Blog2021 (5) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... LIMITATION [ 2020 (5) TMI 418 - SC ORDER ], wherein the Hon'ble Supreme Court observed that To obviate the difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. The Appellant is entitled for the benefit of extended period so provided by the Hon'ble Supreme Court - the instant Appeal is partially allowed and the Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Company was incorporated with an object to carry on the business of manufacturing and trading of eatables, consumable products and beverages but no business operations have been carried out after the incorporation due to non-fulfillment of certain financial commitments by the promoters of the Company and scarcity of required resources which has obstructed the Company to initiate any manufacturing activities. 5. It is stated that there is property/asset in the name of the Company along with some unsettled liabilities and also considering the Company Fresh Start Scheme announced by the Ministry of Corporate Affairs amidst Covid-19, the Appellant has decided to avail the benefit of this Scheme so that Company can file all its overdue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expired in the lockdown period. The said order of the Hon'ble Supreme Court passed on 23.03.2020 in Suo Motu Writ Petition (Civil) No. 3/2020, wherein the Hon'ble Supreme Court observed as under: This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order dated 17.12.2020 in Civil Appeal No. 4085 of 2020 (Arising out of SLP(C) No. 13636 of 2020), wherein, while referring to the order dated 23.03.2020 passed by the Hon'ble Supreme Court in SMW(C) No. 3 of 2020, titled as In Recognizance for Extension of Limitation , it is specifically observed that, The above order is still operative and by subsequent orders, the scope has been enlarged so that the said order applies in other proceedings also . 13. In view of the observation, so made by the Hon'ble Supreme Court, the Appeal deserves to be allowed, as the Appellant is entitled for the benefit of extended period so provided by the Hon'ble Supreme Court (Supra). 14. In view of the above, the instant Appeal is partial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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