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2023 (10) TMI 155 - SC - Companies LawCondonation of delay in filing application - extension due to Covid-19 pandemic - period of 30 days to file the written statements had expired on 08.03.2020 - whether the High Court justified in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record? - HELD THAT:- The very basis of the judgment in Sagufa Ahmed [2020 (9) TMI 713 - SUPREME COURT] that under the 23.03.2020 order, only the period of limitation has been extended and not the period up to which delay can be condoned, has been taken away by expanding the protection by excluding the period even for computing outer limits within which the court or tribunal can condone delay. This is an important subsequent aspect which has a great bearing in deciding the present controversy. Prakash Corporates case [2022 (2) TMI 1268 - SUPREME COURT] also notices the fact that the order of 08.03.2021 and subsequent orders also by a Bench of three Hon’ble Judges were not and could not have been available for the Bench which decided Sagufa Ahmed’s case since Sagufa Ahmed’s case was decided on 18.09.2020. In Prakash Corporates, though the period of 30 days for filing written statements expired on 05.02.2021 and the 120-day outer limit expired on 06.05.2021, written statements notarized on 07.07.2021 was directed to be taken on record. The Court in Prakash Corporates relied on the orders of 23.03.2020, 08.03.2021, 27.04.2021 and also noticed the order of 23.09.2021 while so ordering. While summons was served on 07.02.2020, the 30 days period expired on 08.03.2020 and the outer limit of 120 days expired on 06.06.2020. The application for taking on record the written statements and the extension of time was filed on 20.01.2021. Applying the orders of 08.03.2021 and the orders made thereafter and excluding the time stipulated therein, the applications filed by the applicants on 19.01.2021 are well within time. The judgment passed by the High Court needs to be set aside. The principle underlying the orders of this Court dated 08.03.2021, 27.04.2021 and 23.09.2021, in In Re: Cognizance for Extension of Limitation, albeit those orders being passed, subsequent to the impugned order, would enure to the benefit of the applicants-defendants. The Appeals are allowed.
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