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2017 (1) TMI 576 - HC - Companies LawCondonation of delay - reasons for delay - Held that:- A perusal of the complaint and the application seeking condonation of delay reveals that efforts were made to trace the respondents and to inspect the records which were all frustrated and finally reverting back to the IFCIL, the petitioner collected the documents and filed the complaint. Thus the date of knowledge of offence to the petitioner can be attributed only when complete facts with incriminating documents were disclosed by IFCIL after appointment of the inquiry officer. Hence it cannot be held that there was a delay of one year and nine months in filing of the complaint from the date of knowledge of the offence. Considering the fact that the date of knowledge of the offence to the petitioner which falls in the category of a ‘person aggrieved by the offence’ could be attributed only on 25th August, 2004, when complete records were given by IFCIL and the complaint was filed on 30th September, 2004. Thus there was no delay in filing of the complaint. Hence there was no need for seeking condonation of delay in filing the complaint.
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