Appeal at NCLAT for delay in case of oppression & mismanagement

834 votes

After a delay of 10 years, appeal can be filed but NCLAT cannot entertain the same as the statutory period of filing appeal is 45 days from the date on which copy of the order is made available to the person aggrieved with a further period not exceeding 45 days if the NCLAT is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the original period of 45 days. But the NCLAT can no further entertain an appeal if it is filed exceeding 90 days.

Advocate Binisa Mohanty LawRato

620 votes

After a delay of 10 years, appeal can be filed but NCLAT cannot entertain the same as the statutory period of filing appeal is 45 days from the date on which copy of the order is made available to the person aggrieved with a further period not exceeding 45 days if the NCLAT is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the original period of 45 days. But the NCLAT can no further entertain an appeal if it is filed exceeding 90 days.

Advocate Rajat Goel LawRato

733 votes

An appeal from orders of NCLT is to be filed within a period of 45 days. A further grace period of 45 days can be granted by NCLAT if sufficient cause is shown that the Plaintiff was prevented form filing the appeal.

However, no further grace period can be given. This has been held by the Supreme Court in Bengal Chemists and Druggist Association Vs Kalyan Chowdhury. Thus, NCLAT will not have the freedom to condone any delay beyond the 45 day grave period as provided under the Companies Act, 2013.

Advocate Gitanjali Kapur LawRato