2025 (6) TMI 202

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....f Blackberry Projects Private Limited against the order dated 07.06.2023 in CP No. 173/KB/2021 (Impugned Order) passed by Ld. NCLT, Kolkata wherein petition filed by the Registrar of Companies, (RoC), West Bengal, Ministry of Corporate Affairs under Section 271 read with Section 272 of the Companies Act, 2013 for initiation of winding up proceedings against M/s Blackberry Projects Private Limited (Respondent No. 1) was admitted. 2. Before the Ld. NCLT, the RoC, West Bengal had filed CP No. 173/KB/2021 to initiate winding up proceedings under Section 271 and 272 of the Companies Act, 2013 against M/s Blackberry Projects Private Limited (Respondent No. 1). 3. It was submitted that Ministry of Corporate Affairs had ordered inquiry and ex....

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....iquidator attached with the High Court of Calcutta was appointed as the 'company liquidator' vide order dated 07.06.2023. 6. Though the said order of Ld. NCLT was passed on 07.06.2023, the present company appeal viz. Company Appeal (AT) No. 62 of 2024 has been e - filed on 08.02.2024 and the hard copy was presented on 13.02.2024. However, in its oral arguments, the Learned Counsel for the Appellant stated that the appeal has been filed on 30.01.2024. In the application for condonation of delay (IA No. 1324 of 2024), the Appellant has submitted as under in para 5 and 6 of the said application and has requested for condonation of delay of 201 days in filing the captioned appeal: "5. Further the Impugned Order dated 07.06.2023 by t....

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....parties at page 2 of the appeal paper book is 02.02.2024. As per the Registry, the appeal was e-filed on 08.02.2024. The claim of the Learned Counsel for the Appellant that the appeal was filed on 30.01.2024 is not borne out from the records and is not correct. 10. According to the provisions of Section 421 of the Companies Act, 2013, the limitation for filing of appeal is 45 days which can be extended by a further period not exceeding 45 days, if the Tribunal is satisfied that the appellant was prevented by sufficient cause from filing the appeal within time. The relevant provisions of Section 421 of the Act, are reproduced below for ready reference: "421. APPEAL FROM ORDERS OF TRIBUNAL- (1) Any person aggrieved by an order of ....