Commissioner Of Customs (Preventive) vs Thiru Arooran Sugars Ltd & Ors.

This Company Appeal challenges the order of 02.05.2022, that was passed in CP(CAA)/30/CHE/2022 in CA(CAA)/113/CHE/2021 in IBA/243/2019. The impugned order under challenge was rendered in the proceedings under Section 230 (1) of the Companies Act, and Section 66 of the Companies Act, 2013, to be read along with the applicable provisions contained under the I&B Code.

Be that as it may. After the dismissal of the proceedings of the Company Petition on 02.05.2022, the Appellant has approached this Tribunal by filing a Company Appeal No. 58/2023 invoking the provisions contained under Section 421 of the Companies Act. That was decided against the Appellant, holding that, the Company Appeal under Section 421 of the Companies Act, would not be maintainable as decided by the judgment rendered by us on 30.08.2025. It was thereafter that the instant Company Appeal has been preferred, which is accompanied with a Condone Delay Application praying for condonation of 1297 days of delay. Since, the Appeal has been preferred under Section 61 of I&B Code and the number of days of delay that has been sought to be condoned is much beyond the prescribed statutory period, as contemplated under the proviso to sub-section 2 of Section 61 and even much beyond the condonable period as given therein, the Condone Delay application IA No. 145/2026 would stand rejected. As a consequence thereto, the Company Appeal too would stand rejected. All Interlocutory Applications would stand closed.