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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

Aarogya Seva Ltd, a Section 8 company, missed the sixty-day period for appealing a Company Law Board order, being prevented by sufficient cause. The delay is eighty days beyond the sixty days. What is the position under section 434(1)(b) proviso?

The delay cannot be condoned under the proviso. The High Court can extend time only by a further period not exceeding sixty days, even with sufficient cause, so an extra eighty days exceeds the statutory ceiling in section 434(1)(b).

  1. AThe High Court may condone any delay if cause is sufficient
  2. BThe High Court may condone delay only up to a further sixty days, so this appeal is beyond its powerCorrect
  3. CThe Tribunal may condone the delay of eighty days
  4. DThe High Court may condone up to ninety days

Explanation

The proviso lets the High Court allow filing within a further period not exceeding sixty days if sufficient cause is shown. An 80-day delay exceeds this cap, so it cannot be condoned under the proviso.

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