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2014 (3) TMI 672 - BOMBAY HIGH COURTCondonation of delay beyond 120 days - appeal under Section 10F of the Companies Act, 1956. - Held that:- The learned Single Judge in [2009 (9) TMI 575 - HIGH COURT OF BOMBAY] held that on a correct reading of the Supreme Court decision in Union of India V/s. Popular Construction Company, (2001 (10) TMI 1044 - SUPREME COURT OF INDIA) it is clear beyond all doubt that the legislative intent underlying the constitution and establishment of the Company Law Board and insertion of section 10F is to limit the time within which an appeal can be filed. This time limit is absolute. It cannot be extended by a Court under section 5 of the Limitation Act. That decision binds me. - The appellant not only had knowledge of the impugned order in April 2012, but had a certified copy of it. The delay is beyond the maximum period of 120 days prescribed in Section 10F. There is absolutely no explanation for the delay. The company application is dismissed. There will be no order as to costs. - Decided against the applicant.
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