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2018 (5) TMI 997 - AT - Companies LawRectification of the defects causing delay in presenting the Appeal - condonation of delay - Computation of period of limitation - computation of period of 45 days for filing the Appeal - Is the time given for complying the direction to cure the defects liable to be extended under sub-rule (3) to rule 26 of the Rules? - Held that:- In the case on hand, the initial presentation of the appeal under Rule 22 on 19-02-2018 is within the period of limitation. The subsequent presentation after curing the defects on 27-03-2018 is apparently much beyond the period of 45 days. It is true that the proviso to sub-section (3) to section 421 of the Act provides that the period of filing an appeal can be extended for a further period not exceeding 45 days. However, the power to extend the period provided under the proviso can be invoked only by the Hon’ble Appellate Tribunal. Sub-rule (3) to rule 26 enables the Registrar to extend the time for compliance given under sub-rule (2) to rule 26. However, the Rules cannot override the provisions of the Act. The power under sub-rule (3) to rule 26 to extend the time given for compliance can be exercised by the Registrar, provided it is within the period of 45 days referred to in sub-section (3) to section 421 of the Act. In the instant case, as presentation of the appeal after curing the defects is beyond the period of 45 days, the time granted for compliance under sub-rule (2) to rule 26 cannot be extended by invoking the power under sub-rule (3) to rule 26. Therefore, the matter be placed before the Hon’ble Appellate Tribunal for appropriate orders. Point answered accordingly.
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