Supreme Court · 2018 INSC 91 · Decided 2 February 2018
Bengal Chemists & Druggists ASSN. v. Kalyan Chowdhury
- Court
- Supreme Court of India
- Citation
- 2018 INSC 91 · [2018] 2 S.C.R. 1099
- Case number
- CIVIL APPEAL No. 684/2018
- Decided
- 2 February 2018
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act; Companies Act Section 421(3); Limitation Act Section 5
Headnote
Companies Act, 2013 - s.421(3) - National Company Law Appellate Tribunal after setting out s.421(3) of the Act, dismissed appeal as not maintainable, inasmuch as the appeal was filed 9 days after the period of limitation of 45 days had expired and a further period of another 45 days of the Act, the provisions of the Limitation Act shall, as far as may be, apply to appeals before the Appellate Tribunal and that therefore, s.5 of the Limitation Act would be applicable to condone the delay beyond the period of 90 days - Held: There is no reason to interfere with the
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