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2008 (2) TMI 626 - HC - Companies LawCompany Law Board orders challenged - question of limitation invoked - Held that:- The maximum period available to the appellant for preferring the appeal was sixty + sixty days, i.e., 120 days up to 24-3-2007, subject to the condition that the appellant has shown sufficient cause for condonation up to sixty days beyond the prescribed period of sixty days. As noticed the initial period of 60 days in filing the appeal under section 10F expired on 23-1-2007 and the extended period under the proviso to section 10F expired on 24-3-2007. Hence, even if the contention of the appellant is accepted that he calculated initial period of filing the appeal as 90 days and the part of the period spent in the Delhi High Court is also considered to be the sufficient cause, it cannot be extended beyond 120 days, i.e., 24-3-2007. The present appeal having been filed on 16-5-2007, is barred by time. The Company Law Board has simply refused to grant ad interim order restraining the directors of the respondent-company from acting as directors during the pendency of the company petition before the Company Law Board. Existence of question of law is sine qua non for filing an appeal under section 10F. Thus do not feel that any such question of law has arisen in refusing the ad interim injunction. The appeal is otherwise also bereft of any merit. Thus the application under section 14 of the Limitation Act and consequently the appeal are dismissed.
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