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2021 (7) TMI 817 - AT - Companies LawCondonation of delay in filing petition for third time - Extension of period of limitation - the scheme of amalgamation was approved way back but was not implemented yet - Hon’ble Supreme Court extended the period of Limitation, whether condonable or not, with effect from 15.03.2020 which is continuing till the date of filing of the Appeal - first Appellant was infected with Covid and was admitted in the hospital from 01.09.2020 to 20.09.2020 - HELD THAT:- In the instant case, the Appellants are silent about the receipt of free copy. Be that as it may, they chose to apply for a certified copy only on 08.08.2020 and received it on 12.08.2020 and filed this Appeal on 06.11.2020 after 86 days. The ground that the MD was not available for 20 days as he was infected with Covid, though we consider genuine, does not prevent a Company comprising other Directors to prefer an Appeal. It is submitted that the Order dated 19.01.2020 was uploaded on 22.01.2020. 45 days from that date also expires on 06.03.2020, prior to the lockdown period - 45 days as contemplated under Section 421(3) of the Companies Act, 2013, is to be counted from 10.01.2020 and the period ends on 24.02.2020 and it is seen from the record that the Appellant herein filed this Appeal only on 06.11.2020. By virtue of the proviso to Section 421(3), this Tribunal is empowered to condone the delay up to a period of 45 days - the Limitation has expired prior to 15.03.2020 and therefore the question of applicability of the Orders relied upon by the Learned Counsel for the Appellants do not apply to the facts of this case. The Scheme of the Amalgamation was discussed and approved on 02.01.2018, had taken effect on 31.03.2018 and the said Scheme was approved by NCLT way back vide Impugned Order dated 05.11.2019 and that this Appeal was filed on 06.11.2020 - a perusal of the Minutes of the Meetings of the Board Meetings filed before us do not evidences any objections raised by the Appellants at that point of time i.e. when the Scheme of Amalgamation was approved - the period of Limitation prescribed under Section 421(3) of the Act has lapsed on 24.02.2020 much prior to the lockdown period/pandemic situation and hence having regard to the facts and circumstances of the attendant case, it is not a fit case, in the interest of Justice to exercise any discretion empowered under proviso of Section 421(3) and condone the delay in the absence of any ‘sufficient cause’ and ‘substantial reasons’. Appeal dismissed.
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