Appeals Dismissed for Late Filing; Cannot Extend Time Beyond Statutory Limit.

The Court dismissed the appeals as the appellants failed to file the appeal within the prescribed limitation period and could not rely on the SC's order to extend the period for condonation of delay beyond the statutory limit.

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Issues:
Challenging NCLAT's order dismissing application for condonation of delay and appeal as time-barred.

Analysis:
The appellants hold 24.89% shares of a company and moved an application for winding up, dismissed by NCLT on 25.10.2019. They applied for a certified copy on 21.11.2019, received on 19.12.2019, but filed appeal on 20.07.2020. NCLAT dismissed the appeal and condonation application on 04.08.2020 due to delay beyond 45 days. Appellants argued NCLAT erred in computing limitation period from NCLT's order date and failed to consider lockdown and SC's order extending limitation period.

Contention1:
Section 421(3) mandates filing appeal within 45 days from copy receipt. Appellants were entitled to a free copy but applied after 27 days. Limitation started from 19.12.2019, expiring on 02.02.2020. NCLAT could condone delay up to 45 days, expiring on 18.03.2020. Appellants filed on 20.07.2020, after lockdown on 24.03.2020. Court held the delay in filing appeal from 19.12.2019 was unjustified.

Contention2:
Appellants relied on SC's order extending limitation period due to COVID-19. Court clarified the order extended only the period of limitation, not the condonable delay period. Referring to General Clauses Act and Limitation Act, it emphasized the distinction between the prescribed period (limitation) and the period for condonation. Citing a case, the Court explained the difference between the prescribed period and the period for condonation. Appellants' reliance on SC's order to extend the condonable delay period was rejected.

In conclusion, the Court dismissed the appeals as the appellants failed to file the appeal within the prescribed limitation period and could not rely on the SC's order to extend the period for condonation of delay beyond the statutory limit.

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