VidhiSangh

Supreme Court of India · 18/09/2020

SAGUFA AHMED & ORS. versus UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. & ORS.

[2020] 9 S.C.R. 472 · 2020 INSC 555

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Summary

The Court upheld dismissal of a belated company appeal beyond the statutory condonation ceiling. Even counting from counsel’s receipt of the certified order, the ordinary forty-five-day limitation had expired before the pandemic extension began. The Court construed its 23 March 2020 order as extending limitation, without enlarging the additional discretionary period for condonation. The tribunal could not admit the appeal filed after that further period had also expired.

Issues

  1. When limitation began after receipt of a certified NCLT order.
  2. Whether the 23 March 2020 pandemic order enlarged the statutory condonation ceiling.

Provisions considered

Held

Result

Appeals dismissed; NCLAT’s refusal to condone delay and dismissal of the company appeal as time-barred upheld.

Judgment PDF: Supreme Court of India, [2020] 9 S.C.R. 472.