2017 (12) TMI 1871

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..... ment was delivered on 13th March, 2017. We have been informed that 45 days from the date of this judgment, which is the last date for the period of limitation, expired on 27th April, 2017. In the Companies Act, 2013, a further period of 45 days is given subject to sufficient cause to be made out to condone the delay. This second 45 days period would have expired on 11th June, 2017. Admittedly, before the expiry of this date, the appellants had filed an appeal before the National Company Law Appellate Tribunal (hereinafter referred to as 'NCLAT') on 8th June, 2017 with an application for condonation of delay. On 12th June, 2017, defects were pointed out by the Registry, in that certain pages of the appeal were found to be dim. Admit .....

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..... party concerned such reasonable time as he may consider necessary or extend the time for compliance. (4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the appeal or pleading or document." A perusal of Sub Rule (1) of 26 of the NCLAT Rules would show that the Registrar, immediately on receipt of the appeal, has to affix a date and stamp of the Appellate Tribunal thereon after which a diary number has to be assigned for the appeal in question. This would indicate that the date of receipt of the appeal, with stamp affixed and diary number given, would be the date of lodgement of the appeal. Sub-Rule (2) .....

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..... s condone the delay, the appeal must be numbered, and obviously must relate back to the date of initial lodgement. It is only when the party fails to take any steps for removal of the defects within time or the extended time fixed for the same that the Registrar may, for reasons in writing, ultimately decline to register the appeal. On the facts of the present case, it is clear that within a period of seven days, the defect pointed out was cured. This being the case, it is clear that the initial date of lodgement of the appeal is the date on which the appeal should be considered as filed, even though an appeal number may be given to the appeal subsequently. In this view of the matter, we are of the view that the NCLAT's judgment deser .....

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