Rolex Logistics Private Limited vs Mr. Srikantiah Shivaswamy

Heard Mr. H.R. Shiva Prasad, Learned Counsel appearing for the Petitioner / Appellant in IA No. 1362 / 2023 (Condone Delay Application).

According to the Petitioner / Appellant, Mr. Ramesh Upadhya, Chairman and Director of the Company, was undergoing treatment for Cancer with Hospitals Viz. Aster Hospital and also at Fortis Hospital and he underwent numerous treatments, including ‘Chemotherapy’, due to which, getting signature to the ‘Appeal Papers’ from Mr. Ramesh Upadhya were delayed’ by 9 days and later signed on 03.11.2023 and it was uploaded to the e-filing website, however, on 04.11.2023. Mr. Ramesh Upadhya was expired on 08.11.2023.

The reason for the delay was because of the sudden demise of the Chairman and Director of the Appellant and hence, the delay of 9 days in preferring the ‘instant Appeal’ had occurred.

The Impugned Order in IA No. 469 / 2022 was passed by the `Adjudicating Authority’, on 27.09.2023. However, IA No. 1362 / 2023 (Condone Delay Application), came to be filed on 04.11.2023.

In this process, there had occasioned a delay of 9 days in filing the Condone Delay Application, which is neither wilful nor wanton, but due to the aforesaid reason.

This `Tribunal’, by taking a lenient and liberal view, extends its ‘Judicial Arm of Generosity’, in condoning the delay of 9 days, to secure the ends of Justice and allows IA No. 1362 / 2023, but without costs.

Heard Mr. H.R. Shiva Prasad, Learned Counsel for the Appellant for quite some time and he seeks permission from this `Tribunal’, to withdraw the instant Comp. App (AT) (CH) (INS.) No. 441 / 2023.

Acceding to his request, the instant Comp. App (AT) (CH) (INS.) No. 441 / 2023 is `dismissed as withdrawn’. No costs. The connected pending IA No. 1361 / 2023 (For Stay) is Closed.

Before parting, with the instant Comp. App (AT) (CH) (INS.) No. 441 / 2023, this `Tribunal’, grants Liberty to the `Appellant’, to raise all ‘Factual and Legal Plea’s, before the `Adjudicating Authority’, National Company Law Tribunal, Bangalore Bench in CP (IB) No. 148 / BB / 2017 and at the time of `Final Hearing’ for `Disposal’ of the main `Company Petition’, the `Tribunal’, had taken into account of all the Factual and Legal Pleas being raised (including the aspect of Amendment) and to pass a `Reasoned Speaking Orders’ on Merits, ofcourse, after providing due opportunity to the respective Parties, by adhering to the `Principles of Natural Justice’ in true letter and spirit.

With the aforesaid observations and directions, the instant Comp. App (AT) (CH) (INS.) No. 441 / 2023 stands ‘disposed of’. No costs.