TaxTMI 
TaxTMI 
2018 (9) TMI 274
X X X X Extracts X X X X
X X X X Extracts X X X X
....a For The Respondents : Shri P.K. Mittal, Advocate ORAL JUDGEMENT A.I.S. Cheema, J. : 1. This application has been filed by the Appellants who have filed the appeal against Impugned Order dated 14.08.2017 whereby the learned NCLT, Mumbai ("NCLT" in brief) dismissed the Interlocutory Application No.27 of 2017 in Transfer Company Petition 19 of 2015 challenging the maintainability of the said Transfer Company Petition 19 of 2015 filed by the present Respondents 1 to 4. According to the Appellants when the order was passed by NCLT, it was not displayed on the website for considerable period. The certified copy was applied for and collected on 10th October, 2018. It was, however, noticed that in the Order, the Interlocutory Application No....
X X X X Extracts X X X X
X X X X Extracts X X X X
....limitation should be counted from the date of Corrigendum Order dated 1st January, 2018 and not from the date of the original Order dated 14th August, 2017. Having heard counsel for both sides, we find that the Order which is impugned before us is dated 14th August, 2017 and not the order dated 1st January, 2018. The Order dated 1st January, 2018 (Page - 89 A) is Corrigendum Order which was passed on the basis of the Appellants moving Praecipe dated 27th December, 2017 before NCLT seeking rectification with reference to the MA number. As what is impugned before us is the order dated 14th August, 2017, we have to look into the question of limitation from that date. Appellants are aggrieved by Order dated 14.08.2017 and Appeal filed is agains....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the Appellants were prevented by sufficient cause from filing the appeal within that period. Counsel for Respondent has relied on Judgement in the matter of "Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury" - of Hon'ble The Supreme Court of India (Civil Appeal No. 684 of 2018 decided on 02.02.2018) reported as MANU/SC/0099/2018 to state that after such 45 days, this Tribunal cannot condone further period. 7. When we look at the present matter, the Impugned Order is dated 14th August, 2017. We intend to ignore the argument of the learned counsel for the Respondents that after 14th August, 2017, the matter in NCLT had been posted on 21st September, 2017 as Order sheet of presence is not shown. Even if we take the date of 10th October....