2020 (10) TMI 828 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI - Corporate Laws

Head Note / Extract:
Condonation of delay in filing appeal - time limitation - Appellant states that there was delay beyond 90 days because of the age factor of the Appellants and that the Appellants are senior citizens and distance from Guwahati to Delhi - HELD THAT:- Under Section 421 of the Companies Act, the period of Appeal is 45 days and we can entertain the Appeal after expiry of the said period but within a further period not exceeding 45 days. In the present matter, the Appeal was filed on 20th July, 2020. There was lockdown from 23rd March, 2020. But then, it can be seen that before that itself, more than 90 days period had been consumed. By end of February 2020, 98 days appear to have been consumed. The Appeal is time-barred and the Appeal is dismissed.