TMI Blog2019 (2) TMI 1502X X X X Extracts X X X X X X X X Extracts X X X X ..... spire no confidence. As per the application, it is claimed that appellant being the brother-in-law tried to resolve the matter out of court. It is pleaded that settlement talks between the parties ultimately failed due to the greed of respondent No.2 and hence, the appellant could not file the appeal within the statutory period. Hence, condonation of delay is sought. As noted, the grounds so stated inspire no confidence and the delay cannot be condoned on the said grounds. There is a merit in the contention of the respondents that the present appeal has been filed against the order by which the review petition filed by the appellants against the order dated 30.04.2014 was dismissed. The appellant herein seeks to also assail the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was actually passed in a review petition. He submits that the original Company Petition was disposed of on 30.4.2014. Against the said order the appellant had filed the present review petition which was dismissed on 12.8.2014. Hence, he relies upon judgment of the Supreme court in Municipal Corporation of Delhi vs. Yaswant Singh Negi, 2013(5) SCALE 447 to contend that limitation would be from the date of the original dismissal of the appeal i.e. 12.8.2014. Being beyond a period of 120 days from the impugned order, this court has no power to condone the delay. 5. He further submits that the present appeal was filed only after the respondents have also filed an appeal against the impugned order on certain limited grounds. Further, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal within the said period, allow it to be filed within a further period not exceeding sixty days.] 7. As per the above provision, an appeal can be filed within 60 days from the date of the communication of the order. Condonation of delay up to another maximum period of 60 days is permissible on showing sufficient cause. Hence, no appeal can lie against an order of the Company Law Board to this court under Section 10F of the Companies Act after 120 days. 8. In this context, reference may be had to the judgment of Punjab Haryana High Court in Pawan Goel vs. KMG Milk Food Ltd. Ors., [2008] 142 Comp. Cas. 441 (P H) which referred the judgment of the Supreme Court in Gopal Sardar v. Karuna Sardar: (2004) 4 SCC 252 and concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10F does not permit such extension. Applying this principle enumerated hereinabove and the discussion, the maximum period available to the appellant for preferring the appeal was sixty + sixty days, i.e., 120 days up to March 24, 2007, subject to the condition that the appellant has shown sufficient cause for condonation up to sixty days beyond the prescribed period of sixty days. As noticed above, the initial period of 60 days in filing the appeal under Section 10F expired on January 23, 2007 and the extended period under the proviso to Section 10F expired on March 24, 2007. Hence, even if the contention of the appellant is accepted that he calculated initial period of filing the appeal as 90 days and the part of the period spent in the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the (sic) appeal/proceedings in which the same is made are reheard and a fresh decree or order passed in the same. It is manifest that in such a situation the subsequent decree alone is appealable not because it is an order in review but because it is a decree that is passed in a proceeding after the earlier decree passed in the very same proceedings has been vacated by the court hearing the review petition. 25.2. The second situation that one can conceive of is where a court or tribunal makes an order in a review petition by which the review petition is allowed and the decree/order under review is reversed or modified. Such an order shall then be a composite order whereby the court not only vacates the earlier decree or order but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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