2019 (8) TMI 1492

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....tice S.J. Mukhopadhaya, Chairperson A.I.S. Cheema, Judicial Member And Kanthi Narahari, Technical Member For the Appellant : Rajesh Mahale, Adv. ORDER 1. This Appeal has been preferred by the Appellant-Managing Director of the 'Corporate Debtor' against order dated 14th June, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench, whereby, an ap....

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....aka. It is submitted that the Hon'ble High Court, subsequently, disposed of the matter on 1st July, 2019, whereinafter, the present Appeal has been preferred. Therefore, a prayer has been made to exclude the period of pendency of the matter before the Hon'ble High Court of Karnataka for the purpose of counting the period under Section 14 of the Limitation Act, 1963. 3. Section 238A of t....

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....rary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may a....

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....osited with the Hon'ble High Court of Karnataka, if opportunity would be given, the Appellant could move before the 'Committee of Creditors' for settling the matter in terms of Section 12A of the I&B Code. 7. Having heard learned Counsel for the Appellant, we cannot condone the delay of 360 days. However, this order will not come in the way of the Appellant or any other Shareholder/....