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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

Bharat Metals Ltd received an NCLAT order on 10 January. Due to the illness of its authorised officer, which it can prove, it files its Supreme Court appeal on a question of law 100 days after receipt. Under the Act, what is the position?

The delay can be condoned. The proviso allows the Supreme Court, on being satisfied of sufficient cause, to permit filing within a further period not exceeding sixty days beyond the initial sixty. Filing on day 100 is within this 120-day outer limit.

  1. AThe Supreme Court may condone the delay, since 100 days is within the sixty days plus a further period not exceeding sixty days, if sufficient cause is shownCorrect
  2. BThe appeal is barred because no delay can ever be condoned
  3. CThe Supreme Court can condone any delay if sufficient cause is shown, with no outer limit
  4. DThe appeal must be filed afresh before the NCLAT

Explanation

The proviso to section 423 lets the Supreme Court allow filing within a further period not exceeding sixty days if the appellant was prevented by sufficient cause. The outer limit is 120 days, so 100 days falls within it. Option three is wrong because the extension is capped at sixty days.

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