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2017 (10) TMI 910 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATAOppression or mismanagement - period of limitation - Held that:- In the instant case, admittedly the dispute arose some time in 2005 i.e. 9 years’ back and in between the petitioner upheld his grievances before the civil court as well as also in the Hon’ble High Court and then filed the instant application under Sections 397 and 398 of the Companies Act, 2013 and thereby has adopted a forum shopping. However, otherwise also the instant petition is hopelessly barred by limitation as per the provisions of Limitation Act. The delay and laches do apply which started from the date of knowledge. Admittedly, the date of knowledge is from the year 2005 as reflected in the petition. The doctrine of laches is based on equitable consideration and depends on general principle of justice and fairplay. Therefore, on the point of delay and laches, the petition is also liable to be dismissed.
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