2020 (9) TMI 1268

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Appellant filed the Appeal under Section 421 of the Companies Act, 2013 (In brief 'the Act') against the order dated 27.05.2019 passed by the National Company Law Tribunal, Chennai Bench, Chennai in Company Appeal No. 399(252) of 2019 whereby the name of the Company M/s. Chikara Eco Ventures Ltd. is restored to the Register of Companies maintained by the RoC, Chennai. The Appeal was filed on 28.08.2019. The Registry after scrutiny of the Appeal on 01.10.2019 returned the Appeal Paper Book to the Appellant for removing the defects. The Appellant refiled the Appeal on 28.07.2020 and filed the above referred Application for condonation of delay of 338 days in refiling the Appeal. 3. The matter was placed before the Registrar of this Tribuna....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... provides a period of 3 years to any person aggrieved by the removal of the name of the Company from the Registrar of Companies. Furthermore, Section 252(3) of the Act, provides that the period to approach the Tribunal is 20 years from the date of publication of notification of striking of the name of the Company. Thus, the intent of the Act, itself shows that the restoration of the name of the Company is long drawn process and time limit to Appeal against the striking of name of a Company for some stakeholders is as long as 20 years. Keeping in view, the intent of the Act, delay in refiling the Appeal may be condoned. 7. Learned Counsel for the Respondent opposed the Application and submitted that this Tribunal cannot condone the delay mo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Registry, are not removed within the 7 days period as prescribed under the Rule, 26 of the National Company Law Appellate Rules, 2016. The Appeal is treated to be a fresh Appeal and in such a situation, this Appellate Tribunal cannot condone the delay beyond 45 days. This Appellate Tribunal while dealing the case in Mr. Mr. Jitendra Virmani Vs. MRO Tek Realty Ltd. & Ors. Interlocutory Application No. 221 of 2017 in Company Appeal (AT) No. 138 of 2017 decided on 15.05.2017 held that:- "19. As noticed, the re-filing/fresh filing of the appeal was made on 1st May, 2017. 20. As per the provisions of the Act and Rules framed there under, the Appellant having received the copy of the order on 7th January, 2017 was required to file within 4....