2020 (12) TMI 887

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Petitioner: Mr. Deepak Khosla, Advocate. For the Respondent: Mr. Mr. Abhishek Anand and Mr. Viren Sharma, Advocates for R-2, 4 & 5. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. The hearing was conducted through video conferencing. 2. Petitioner impugns order dated 15.10.2020 whereby a liquidator has been appointed and the company has been directed to be liquidated, consequent to an order of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Appellate Tribunal can extend the period for on showing sufficient case by a maximum period of 15 days. 6. He submits that today the appeal is beyond limitation and even the period extendable by the National Company Law Appellate Tribunal is over. Learned counsel submits that appeal could not be filed within the time as the counsel for the petitioner was diagnosed with Covid-19 and had been un....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tended but such period of extension shall not exceed 15 days. 9. It is settled position in law that powers of the High Court under Article 227 of the Constitution of India are discretionary and have to be sparingly used and cannot be exercised in the "cloak of an appeal in disguise". 10. The admitted case of the petitioner is that the limitation as prescribed under Section 61 Sub Section (2)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e discretionary powers under Article 227 of Constitution of India to permit a challenge to the said order. 13. The contention of learned counsel for the respondent that Section 5 of the Limitation Act may apply does not arise for consideration in these proceedings. Though, it may arise in case petitioner were to file an appeal before the Appellate Tribunal, in which case it would be for the App....