Tribunals and CommissionsDivision Bench(2023) 08 NCLAT CK 0029

Suma Holding Pvt. Ltd. & Anr vs Registrar of Companies & Anr

National Company Law Appellate Tribunal · Decided on 8 August 2023

HON’BLE JUDGES
Rakesh Kumar, Member (J) · Dr. Alok Srivastava, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) No. 137 Of 2023 & I.A. No. 3497 Of 2023

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Judgment

3 paragraphs · 174 words

Heard Mr. Manish Khurana, Ld. Counsel for the Appellant. The present appeal has been filed under Section 421 of the Companies Act, 2013 against an order dated 12.04.2021 passed by National Company Law Tribunal, New Delhi Bench (Court-II). Since delay has occurred, an Interlocutory Application vide I.A. No. 3497 of 2023 has also been filed for condonation of delay. In condonation of delay petition it has been indicated that in filing appeal delay of 766 days has occurred. Ld. Counsel for the Appellant tried to persuade the court that delay was not intentional but delay has occurred due to the reason which was beyond the control of the Appellant.

Be that as it may, considering the fact that statutorily this tribunal is authorized to condone the delay of 45 days, after expiry of first 45 days, on being satisfied with the reason, after expiry of complete 90 days there is no reason for this Appellate Tribunal to entertain the appeal.

Accordingly, condonation of delay/limitation petition stands dismissed and consequently, the appeal also stands dismissed.