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2019 (9) TMI 1305 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARHCondonation of delay of 186 days in filing the Appeal - Rejection of transfer the shares in the name of the applicant - Sections 58 and 59 of the Companies Act, 2013 - HELD THAT:- Though the applicant made a request for transfer of shares for the first time on 29.11.2011, but the respondent-company, vide letters dated 10.06.2015 and 11.01.2016 advised the applicant to submit the correct forms to enable it to affect the transfer of shares in the name of the applicant-company, and finally rejected the request of the applicant, only on 19.08.2016. Hence, in the circumstances, we hold that the delay commenced with effect from 19.08.2016 only. It is the settled principle of law that while applying the provisions of the 1963 Act, more so for condonation of delay in filing appeal, justice would be done when the matter is fought on merits and in accordance with law rather than dispose it off on technicalities and that too at the threshold. In this view of the matter and in the circumstances and for the reasons mentioned by the applicant, the delay deserves to be condoned - Delay condoned - application allowed.
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