TaxTMI 
TaxTMI 
2017 (11) TMI 1238
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....erabad (hereinafter referred to as the Tribunal') in Company Petition No. 109 of 2012 whereby and whereunder the application preferred by the appellant under Sections 397, 398 and 402 of the Companies Act, 1956 has been rejected. 2. Along with the appeal, the appellants have filed an application for condonation of delay on the grounds mentioned therein and quoted below: "2. It is respectfully submitted that on receipt of the Impugned order from the office of the Hon'ble NCLT, Hyderbad Bench, the Appellants studied the same and decided to prefer an appeal to this Hon'ble Tribunal. A copy of the Impugned order was shared with the counsels of the Appellants and the preparation of the Company Appeal commenced in consultation with the counsel....
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.... Hon'ble NCLT, Hyderabad Bench, Appellant No. 2 having understood the intricacies involved in the matter, has now filed the Company Appeal on behalf of all the Appellants, including Appellant No. 1. This had also added to the delay in filing the present Company Appeal. 6. The limitation of 45 days prescribed under Section 421 (3) of the Companies Act, 2013 expired (in the reckoning of the Appellants) on 28 April 2017. It is respectfully submitted that as a result of the aforementioned events, a delay of 41 days occurred in the filing of the Company Appeal." 3. We have heard learned counsel for the appellants and learned counsel for the respondents. 4. From the record, it will be evident that the impugned order was passed on 13th March, ....
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....nal and the parties to appeal." 5. As per the said provision, the present appeal was to be filed within forty five days from the date of receipt of the order. In this case, order having been passed on 13th March, 2017 and served on the same day, the appeal was required to be filed by 26th April, 2017. However, it was not filed within the prescribed period and for the first time it was presented on 8th June, 2017. The defect was pointed out on 12th June, 2017 and after removal of defects, it was filed on 16th June, 2017. 6. Rule 26 of the National Company Law Appellate Tribunal Rules, 2016 reads as follows : "26. Endorsement and scrutiny of petition or appeal or document- (1) The person in charge of the filing-counter shall immediately....