2017 (7) TMI 1096

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....the Appellant: Ms. Pratiksha Sharma and Shri Ankit Acharya, Advocates For the Respondent: Shri Sankar N. Sinha, Advocate ORDER 31.07.2017 This appeal has been preferred by the appellant against the order dated 29th September, 2016 passed by the National Company Law Tribunal (hereinafter referred to as Tribunal'), Kolkata Bench, Kolkata in CA No. 908/2015, CA No. 1114/2015 in CP No. 60....

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.... "Sec. 421. Appeal from orders of Tribunal - (1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. (2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which ....

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.... "Sec. 433. Limitation - The provisions of the Limitation Act, 1963 shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be. " 5. However, the aforesaid submission made by learned counsel for the appellant cannot be accepted, as provisions of Limitation Act, 1963, can be applied, only if it can be applicable. There bein....