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Judgment
Restoration Application 1 of 2022
Restoration Application No. 1 of 2022 has been filed by the Appellant praying for recall of the Order dated 2nd January, 2020 passed in Company Appeal (AT) Ins. No. 1502 of 2019. By which Order, the Appeal was disposed of as withdrawn. On 2nd January, 2020, following order was passed:
“The Appeal being barred by limitation, learned counsel for the Appellant seeks permission to withdraw the Appeal. The Appeal is accordingly disposed of as withdrawn”
Learned Counsel for the Appellant submits that no instruction was given to the Counsel to withdraw the Appeal hence the Order dated 02nd January, 2020 be recalled and heard on merit. A perusal of the Order dated 02nd January, 2020 indicates that the Court has itself observed that Appeal is barred by time and on that Learned Counsel for the Appellant sought permission to withdraw the Appeal. However, in view of the submission of the Appellant that no instruction was given to the Learned Counsel for the Appellant to withdraw the Appeal, we recall the Order dated 02nd January, 2020 and allow the Restoration Application No. 01 of 2022.
Company Appeal (AT) Ins. No. 1502 of 2019
This Appeal has been filed by the Appellant challenging the Order dated 26th July, 2019 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in M.A. No. 285 of 2019. The Appellant itself in his application has indicated that the Appellant came to know about the Order dated 26th July, 2019 on 13.09.2019. The Appeal came to be filed on 26.11.2019 that is beyond 30 days which is the period of limitation for filing an Appeal before the Appellate Tribunal. Appellant’s case is that he came to know about the Impugned Order on 13.09.2019 and filed the Appeal on 26.11.2019 which is clearly beyond time and Appeal being filed beyond time is dismissed accordingly as barred by time.