SIVAKUMAR SPINNING MILLS PVT LTD Vs. SHANMUGHAVELAYUTHAM

JUDGEMENT

(1.) 1.This is a petition filed seeking condonation of delay of 64 days in filing the Civil Miscellaneous Appeal challenging the order passed by the Company Law Board, Chennai, in C.A. No. 7 of 2008 in C.P. No. 84 of 2007 dated 29.2.2008.

(2.) THIS petition is filed under Section 5 of the Limitation Act. It is stated in the affidavit filed in support of the petition that the respondent herein filed the petition before the Company Law Board in C.P. No,84 of 2007 and also filed two applications in C.A. Nos. 237 and 255 of 2007 seeking for interim directions for verifying the genuineness of the disputed signatures by the Forensic Department and to send the copies of certificates of posting to the postal department to verify whether the letters were sent on the date as mentioned. Out of the said two applications, one application in C.A. No,255 of 2007 was withdrawn. The petitioner herein filed another application in C.A. No. 7 of 2008 praying to forward certain documents which were filed as annexures to the company petitions to verify the signatures in the stamp papers and also dates of signatures in the stamp papers so as to verify the genuineness. The Company Law Board passed orders in both the applications directing the parties to produce the original documents for passing appropriate orders. In pursuance of the order, the petitioner herein produced the original documents. Accordingly, the said documents were handed over, examined and report received. According to the petitioner, he sought legal opinion and in the mean time, summer vacation also intervened and subsequently, the present appeal was preferred. In these circumstances, there had been a delay of 64 days. It is the said delay which is sought to be condoned under Section 5 of the Limitation Act.

(3.) THE learned counsel for the respondent relied on the decision in Pawan Goel v. KMG Milk Food Ltd., and Others (2008) 2 Company.LJ213 (P&H) and also relied on the decision of the Honourable Supreme Court in Union of India v. Popular Construction Co. AIR 2001 SC 4010.