9911796707
TMI Blog2023 (4) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... extended within 45 days, a party in a position to satisfy the court regarding the reasonable ground for delay, this court may entertain such petition. Considering the statement made in the condonation petition, it is not satisfying that any plausible explanation has been given for delay in filing the appeal. Normally, in condonation of delay application, it is required on the part of the party to explain day to day delay, however, in the present application no such explanation has been given and as such there are no ground to condone the delay. The appeal stands dismissed on the ground of limitation itself. - Rakesh Kumar, J. (Member (J)) And Dr. Alok Srivasatava, Member (T) For the Appellant : Abhishek Anand, Sanampreet Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record affidavit in reply. Time is granted. Ld. Counsel for the respondent is directed to place on record affidavit in Reply well before the adjourned date. Accordingly, the Company may hold the EOGM, however, the agenda Item No. 1 i.e. removal of Ms. Harikiran Kaur Sawhney as Director of the Company will not be taken up in the EOGM. In the meantime, parties are directed to maintain the status quo. List this matter on Board on 24.01.2023 for further consideration . 3. Ld. Counsel for the Appellant, tried to persuade the court that Ld. NCLT has committed serious error in entertaining the application filed by the Respondent No. 1 under Section 241-242 of the Companies Act, 2013. It was submitted by Ld. Counsel for the Appellant that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s such a prayer is being made for condoning the delay. 6. Before proceeding, it would be appropriate to reproduce the application filed for condonation of delay as follows: 1. The Applicant herein is the Appellant in the captioned Appeal. The reliefs sought in the Application are as follows: a. Allow the present Application; b. condone the delay of _ days in filing the present Appeal; and c. Pass any such order as this Hon'ble Tribunal may deem fit and proper and in the interests of justice. 2. The accompanying Appeal is filed under Section 421 of the Companies Act, 2013 against the Order dated December 23, 2022, passed by the Hon'ble National Company Law Tribunal, Mumbai Bench in Company Petition (MB) No. 283 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time had elapsed since the passing of the Impugned Order dated December 23, 2022. Hence, it is prayed that the delay caused in filing the present Appeal be condoned in the interest of justice, which is neither deliberate nor intentional. 6. After the Impugned Order was passed, Respondent No. 1 frivolously and surreptitiously filed two (2) Petitions under Section 241 and 242 of the Companies Act, 2013, bearing C.P. 284 (MB)/2022 and C.P. 287 (MB)/2022 before the Hon'ble NCLT, without any locus, seeking similar relief against group companies of the Appellant herein, only with an intent of causing wrongful loss to the Appellants. Towards the aforesaid Petitions, in addressing appropriate Replies to the three (3) Petitions, a further del ..... X X X X Extracts X X X X X X X X Extracts X X X X
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