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2019 (2) TMI 1182 - AT - Companies LawTime limitation for filing appeal - Oppression and mismanagement - the appellant has claimed that he had been proceeded against ex parte and he came to know of the impugned order on 2.7.2018 - Held that:- Under Section 421 of the Companies Act, 2013, (“Act” in brief), the appeal has to be filed within 45 days from the date on which the copy of the order of the Tribunal is made available to the person aggrieved. The Proviso to sub-section (3) states that the Tribunal may entertain an appeal after the expiry of the said period of forty five days from the date aforesaid, but within a further period not exceeding 45 days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. Proviso of Section 421 of the Act are quite clear. After the first 45 days which is period given to file the appeal, the next 45 days would require sufficient cause to be shown. This Appellate tribunal has no power to condone beyond this second slab of time. In the present matter the appeal has been presented much beyond the period of 90 days and I am not required to go into the question whether there was sufficient cause for delay. The appeal is clearly time barred and is required to be dismissed on this ground itself. Also, no prima facie case is made out by the appellant that he has good case and grounds for setting aside ex parte orders. The appeal is dismissed on the ground of same being time barred.
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