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of <h1>Filing deadline for Companies Act s.421(3) appeal against tribunal order, SC extension applied; appeal dismissed as time-barred.</h1> The dominant issue was whether an appeal under s. 421(3) of the Companies Act, 2013 was maintainable within limitation. The Appellate Tribunal held that ... Maintainability of appeal on the ground of time limitation - appeal preferred beyond the prescribed period of limitation as provided under section 421(3) of the Companies Act, 2013 - HELD THAT:- A reference to Section 421(3) of the Companies Act which deals with the aspect of limitation becomes relevant. On a simpliciter reading of section 421(3) it provides that every appeal against an order shall be preferred within 45 days from the date on which a copy of the order the Tribunal is made available to the person aggrieved, which in the instant case would be 23.12.2021. The proviso to Section 421(3) states that the Appellate Tribunal can extend the said period further by a maximum of 45 days on production of sufficient cause. Thus, the limitation period as per Companies Act expired on 23.03.2022. The limitation period of 90 days from 01.03.2022 as provided by the order of the Hon'ble Apex Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2022 (1) TMI 385 - SC ORDER]. Since the said date was a Sunday, the next working day would be taken for the purposes of determining the limitation which would be 30.05.2022. Therefore, limitation period for filing the Appeal ended on 30.05.2022. Since the Appellant did not file the Appeal within 30.05.2022 and instead chose to file the same on 31.05.2022, it will have to be barred by limitation. Since the appeal itself was filed on 31.05.2022 the same would be barred by limitation because the upper period of limitation prescribed under the proviso is not extendable beyond the limit given under the statute. In that eventuality on a simpliciter determination of the number of days delay which has chanced in preferring the appeal since being beyond the period of 90 days which is the upper limit provided under Section 421(3) and also beyond the extended limitation period. Appeal is dismissed as barred by time limitation. Issues: Whether the Company Appeal filed on 31.05.2022 against the order dated 21.12.2021 is barred by limitation under Section 421(3) of the Companies Act, 2013, having regard to the exclusion/extension of limitation granted by the Supreme Court in MA No.665/2021 and related orders.Analysis: Section 421(3) prescribes a 45-day period from the date a copy of the order is made available, with a proviso permitting the Tribunal to extend the period by a further maximum of 45 days on sufficient cause, resulting in an upper statutory limit of 90 days. The certified copy of the impugned order was made available on 23.12.2021; the statutory 90-day upper limit expired on 23.03.2022. The Supreme Court's order excluding the period 15.03.2020 to 28.02.2022 and granting a deemed 90-day period from 01.03.2022 extended the outer filing date to 29.05.2022, and, taking the next working day, to 30.05.2022. The appeal was filed on 31.05.2022, after the expiry of the outer limit. The proviso to Section 421(3) does not permit extension beyond the maximum 90-day limit prescribed by the statute. The appellants' explanation invoking COVID-related delay does not justify extending time beyond the statutory maximum already provided by the Apex Court's order applicable to all litigants.Conclusion: The appeal was filed beyond the outer statutory period and is barred by limitation; the appeal is dismissed (decision in favour of the Respondent).
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