2022 (7) TMI 202

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....es Act, 2013 for the purpose of 'striking off' the name of the Applicant / Appellant Company from the 'Register' maintained by the Respondent / Registrar of Companies. It is a stand of the Applicant / Appellant that the Respondent / Registrar of Companies had issued 'Notice' in Form No. STK 5 on 04.06.2018 bearing No.ROC/CHN/S.248/STK-5/1/2018 mentioning that the Appellant Company was not carrying on any business or operation for a period of two years immediately preceding the Financial Year and subsequently issued Form No.STK-7 on 09.08.2018 bearing No.ROC/CHN/STK-7/2018 notifying to the 'Applicant / Appellant Company' before 'struck off' the 'name of the Company' from the Register of Companies. The Learned Counsel for the Applicant / Ap....

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.... Section 14 of the Limitation Act, 1963 provides for 'exclusion of time', of proceeding bonafide in Court 'without jurisdiction' and as such by the ingredients of Section 14 of the 'Limitation Act, 1963', the time spent, in regard to the filing of the 'Review Petition' and disposal of the same by the National Company Law Tribunal, Division Bench - II, Chennai can be excluded in regard to the 'computation of Limitation period'. The Learned Counsel for the Applicant / Appellant adverts to Section 433 of the Companies Act, 2013, which enjoins that the Provisions of the Limitation Act 1963 (36 / 1963) shall, as far as may be, apply to Proceedings or Appeals before the 'Tribunal' or the 'Appellate Tribunal', as the case may be. In this connect....

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....ifest any self-evident, error, etc. It also proceeded to observe fact that 'Review Application in SR/949/2019 in CA/1458/2018' was nothing but an attempt to reopen the review the order passed by the National Company Law Tribunal, Division Bench-II, Chennai on 31.01.2019. Be that as it may, in view of the fact that Section 14 of the Limitation Act, 1963 applies to the 'Court' / 'Tribunal' whether the 'exclusion of time' bonafide in 'Court' / 'Tribunal' without jurisdiction and in the instant Case, 'Review Application' was filed before the 'National Company Law Tribunal, Division Bench-II, Chennai' to review an earlier order in CA/1458/2018 passed on 30.01.2019, by no stretch of imagination, be said to be 'Tribunal' possessing 'no jurisdicti....