HETAL ALPESH MUCHHALA Vs. ADITYESH EDUCATIONAL INSTITUTE

JUDGEMENT

(1.) BY this company application, the applicant/appellant seeks condonation of delay of 105 days in lodging the company appeal filed under Section 10F of the Companies Act, 1956. The question which arises for determination in this application is whether the provisions of Section 5 of the Limitation Act, 1963, are applicable to an appeal filed under Section 10F of the Companies Act, 1956.

(2.) ADMITTEDLY , a certified copy of the order passed by the Company Law Board dated February 2, 2009 (Smt. Hetal Alpesh Muchhala v. Adityesh Educational Institute P. Ltd. [2009] 149 Comp Cas 241), was received by the applicant on February 16, 2009. However, the company appeal was lodged on July 31, 2009 and the company application seeking condonation of delay in filing the appeal was lodged on August 4, 2009.

(3.) MR . Shailesh Shah, learned advocate appearing for the applicant has submitted that Section 29(2) of the Limitation Act, 1963, provides that: Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 - 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.