Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (9) TMI 575 - HIGH COURT OF BOMBAYCondonation of delay - whether the provisions of section 5 of the Limitation Act, 1963 are applicable to an appeal filed under section 10F of the Companies Act, 1956? Held that:- Borrowing the language of the Hon’ble Supreme Court in Popular Construction Co.’s case [2001 (10) TMI 1044 - SUPREME COURT OF INDIA] if there were any residual doubt on the interpretation of the language used in section 10F, the legislative intent behind the constitution of the Company Law Board and the object of insertion of section 10F would resolve the issue involved of curtailment of the Court’s power with the exclusion of the operation of section 5 of the Limitation Act, 1963. In view thereof, the scheme of the Companies Act, 1956 as am ended from time to time surely supports the curtailment of the Court’s powers by the exclusion of operation of section 5 of the Limitation Act, 1963. Thus the question of condoning delay in filing company appeal under section 10F of the Companies Act, 1956 does not arise and the said application is dismissed.
|