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2017 (1) TMI 1475 - AT - Companies LawPetition barred by limitation in view of Section 433 of the Companies Act 2013 read with Article 113 of the Limitation Act 1963 - Held that:- Section 433 of Companies Act 2013 will not be applicable to the old cases, the appellant/ petitioner before the Tribunal cannot escape the ground of delay and laches in preferring the Company petition as raised by the respondents. The appellant was removed as Director as back as on 31st December 2010 after notice to the appellant. There is no subsequent cause of action taken place thereafter. The appellant has not explained the delay in filing the Company Petition though there is delay of more than five years. As appellant submitted that the dividends are not paid in time, which are forwarded to his address at Ernakulum(Kerala) where he is not residing, but such submission cannot be accepted in view of the fact that the address at Ernakulum (Kerala) was given by the appellant to the company as one of his address and in the present appeal, the address for service on appellant, as set out is - D-3/ 1 1, South Star Apartments, Gandhi Nagar Behind KSRTC Bus Stand, Ernakulum-20. For the reasons aforesaid, we are not inclined to entertain this appeal. The appeal is accordingly dismissed
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