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Rohan Packaging Products Ltd. v/s Lakhmichand Gidwani


Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Amalgamated] CIN = U74950TN1989PTC046718

Company & Directors' Information:- R T PACKAGING LTD [Active] CIN = U74999HR1993PLC032169

Company & Directors' Information:- B & A PACKAGING INDIA LIMITED [Active] CIN = L21021OR1986PLC001624

Company & Directors' Information:- M H PACKAGING (INDIA) LIMITED [Active] CIN = U25202GJ2005PLC046041

Company & Directors' Information:- PACKAGING INDIA PRIVATE LIMITED [Not available for efiling] CIN = U99999PY1989PTC000652

Company & Directors' Information:- A J PACKAGING LIMITED [Active] CIN = U74999TG1995PLC020965

Company & Directors' Information:- N L PACKAGING PRIVATE LIMITED [Active] CIN = U21090MH2010PTC201464

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- B. H. PACKAGING PRIVATE LIMITED [Active] CIN = U21014MH2009PTC195516

Company & Directors' Information:- S. S. T. PACKAGING PRIVATE LIMITED [Active] CIN = U21098WB2016PTC209238

Company & Directors' Information:- R S M PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC135632

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- G S N PACKAGING PRIVATE LIMITED [Active] CIN = U51909WB2011PTC162126

Company & Directors' Information:- L. N. PACKAGING PRIVATE LIMITED [Active] CIN = U25209TG1998PTC028902

Company & Directors' Information:- M. D. PACKAGING LIMITED [Active] CIN = U25202DL1996PLC078981

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Active] CIN = U36900AS2020PTC020340

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- S J PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074048

Company & Directors' Information:- A A PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2009PTC135731

Company & Directors' Information:- P. N. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301297

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- M H PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC136943

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- G N PACKAGING PRIVATE LIMITED [Active] CIN = U21014TG1997PTC026517

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- K R PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2002PTC115664

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- L N P PACKAGING PRIVATE LIMITED [Active] CIN = U74990TN2010PTC076015

Company & Directors' Information:- S. L. PACKAGING PRIVATE LIMITED [Active] CIN = U21014WB2007PTC117459

Company & Directors' Information:- A K S PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044470

Company & Directors' Information:- N. G. PACKAGING PRIVATE LIMITED [Active] CIN = U21014DL2010PTC200148

Company & Directors' Information:- J D PACKAGING PRIVATE LIMITED [Active] CIN = U25202MH1999PTC121188

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- S A PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061750

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- D. I. PACKAGING PRIVATE LIMITED [Active] CIN = U21098DL2006PTC156833

Company & Directors' Information:- S R G PACKAGING PRIVATE LIMITED [Active] CIN = U74950DL2003PTC119676

Company & Directors' Information:- P S PACKAGING PVT LTD [Active] CIN = U25202HR1997PTC033807

Company & Directors' Information:- R M PACKAGING PVT LTD [Active] CIN = U19202WB1990PTC048606

Company & Directors' Information:- P G PACKAGING PRIVATE LIMITED [Active] CIN = U21000MP2010PTC024928

Company & Directors' Information:- R P J PACKAGING PVT LTD [Active] CIN = U74950WB1990PTC048639

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- INDIA PACKAGING PRODUCTS PRIVATE LIMITED [Active] CIN = U85110KA1970PTC001937

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- S AND S PACKAGING PRIVATE LIMITED [Active] CIN = U21014UP1993PTC015459

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- R V L PACKAGING INDIA PVT LTD [Amalgamated] CIN = U18101MH1997PTC109511

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- K V M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035862

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- A S R PACKAGING PRIVATE LIMITED [Active] CIN = U02102TZ1999PTC008829

Company & Directors' Information:- M I PACKAGING PRIVATE LIMITED [Active] CIN = U21014GJ2010PTC060865

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- ROHAN PACKAGING PRODUCTS LIMITED [Active] CIN = U21023PN1995PLC092834

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- G K PACKAGING PRODUCTS LTD [Strike Off] CIN = U21099TN1996PLC034521

Company & Directors' Information:- P K PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2002PTC034840

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- A.T. PACKAGING PRIVATE LIMITED [Strike Off] CIN = U74950HR2006PTC036419

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- L AND S PACKAGING PRIVATE LIMITED [Strike Off] CIN = U60100TG1996PTC025522

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- H G J PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21015UP1986PTC008177

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- A N PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC140765

Company & Directors' Information:- R S L PACKAGING PVT LTD. [Strike Off] CIN = U21022WB1989PTC046929

Company & Directors' Information:- R M K PACKAGING PRIVATE LIMITED [Converted to LLP] CIN = U25202MH1989PTC050463

Company & Directors' Information:- S R PACKAGING PVT LTD [Strike Off] CIN = U74950GJ1995PTC025896

Company & Directors' Information:- I S R PACKAGING PRIVATE LIMITED [Active] CIN = U21012UP1991PTC012975

Company & Directors' Information:- L R PACKAGING PRIVATE LIMITED [Active] CIN = U21020DL2014PTC267118

Company & Directors' Information:- H P PACKAGING PRIVATE LIMITED [Active] CIN = U25209DL2006PTC156771

Company & Directors' Information:- P & T PACKAGING PRIVATE LIMITED [Active] CIN = U74950HR2010PTC040270

Company & Directors' Information:- PACKAGING PRODUCTS PVT LTD [Active] CIN = U21014AP1973PTC001605

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- M P PACKAGING CO PVT LTD [Strike Off] CIN = U25202MP1982PTC001970

Company & Directors' Information:- G S PACKAGING PVT LTD [Active] CIN = U21029OR1988PTC001981

Company & Directors' Information:- J S PACKAGING PVT LTD [Strike Off] CIN = U21022WB1988PTC044146

Company & Directors' Information:- V J PACKAGING COMPANY PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC136286

Company & Directors' Information:- N S PACKAGING PRIVATE LIMITED [Active] CIN = U51909DL1998PTC096663

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- M M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21040OR2004PTC007615

Company & Directors' Information:- N M PACKAGING PRIVATE LIMITED [Amalgamated] CIN = U25202MH1998PTC115143

Company & Directors' Information:- D-G-R- PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2016PTC283816

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- P. J. PACKAGING PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302513

Company & Directors' Information:- J S R PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC127947

Company & Directors' Information:- J C PACKAGING PRIVATE LIMITED [Strike Off] CIN = U21029DL2004PTC128333

Company & Directors' Information:- S T PACKAGING PRIVATE LIMITED [Active] CIN = U25202DL2005PTC143979

Company & Directors' Information:- R S T PACKAGING PRIVATE LIMITED [Active] CIN = U74140DL2014PTC273027

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- N D PACKAGING PRIVATE LIMITED [Active] CIN = U74999DL2004PTC128047

Company & Directors' Information:- J W M PACKAGING PRIVATE LIMITED [Active] CIN = U74899DL2004PTC130600

Company & Directors' Information:- A S M PACKAGING PRIVATE LIMITED [Strike Off] CIN = U25202DL2005PTC135655

Company & Directors' Information:- M M PACKAGING LTD [Strike Off] CIN = U21015CH1988PLC008879

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

    IA No. 214 of 2018 and Company Appeal (AT) No. 59 of 2018

    Decided On, 16 July 2018

    At, NATIONAL COMPANY LAW APPELLATE TRIBUNAL (NEW DELHI)

    By, THE HONOURABLE MR. JUSTICE A.I.S. CHEEMA & THE HONOURABLE MR. JUSTICE BALVINDER SINGH

    For the Appellant: Kamal Ahuja and Sameer Srivastava, Advocates. For the Respondent: P.K. Mittal, Advocate.



Judgment Text


1. This application has been filed by the Appellants who have filed the appeal against Impugned Order dated 14.08.2017 whereby the learned NCLT, Mumbai ("NCLT" in brief) dismissed the Interlocutory Application No. 27 of 2017 in Transfer Company Petition 19 of 2015 challenging the maintainability of the said Transfer Company Petition 19 of 2015 filed by the present Respondents 1 to 4. According to the Appellants when the order was passed by NCLT, it was not displayed on the website for considerable period. The certified copy was applied for and collected on 10th October, 2018. It was, however, noticed that in the Order, the Interlocutory Application No. 27 of 2017 was inadvertently marked as MA 109 of 2017 in place of IA 27 of 2017. The NCLT issued Corrigendum Order on 1st January, 2018 rectifying the inadvertent error. According to the Appellants if the period is calculated from the Corrigendum Order, the Appeal is within limitation. However, in case period of limitation begins from receipt of certified copy on 10th October, 2017, there is delay of 97 days in filing the appeal. The Appellants have prayed condonation of delay of 97 days. The original Petitioners have opposed the delay condonation application vide Reply (Diary No. 4697). The Respondents point out that after the Impugned Order was passed on 14.08.2017, the Company Petition had come up before NCLT on 21st September, 2017 as can be seen from copy of the Cause List which has been filed. The learned counsel for the Respondents submitted that the Appellants were aware of the Impugned Order passed but delayed taking steps and/or filing of this appeal and thus the delay does not deserve to be condoned. According to the counsel, keeping in view Section 421 of the Companies Act, 2013, the delay of more than 45 days, beyond the permissible 45 days for filing the appeal cannot be condoned.

2. The counsel for Appellants submits that the Cause List referred to by the learned counsel for Respondents is not relevant. He submits that they got the certified copy only on 10th October, 2017 and that is material.

3. The learned counsel for Appellants is submitting that the limitation should be counted from the date of Corrigendum Order dated 1st January, 2018 and not from the date of the original Order dated 14th August, 2017. Having heard counsel for both sides, we find that the Order which is impugned before us is dated 14th August, 2017 and not the order dated 1st January, 2018. The Order dated 1st January, 2018 (Page - 89A) is Corrigendum Order which was passed on the basis of the Appellants moving Praecipe dated 27th December, 2017 before NCLT seeking rectification with reference to the MA number. As what is impugned before us is the order dated 14th August, 2017, we have to look into the question of limitation from that date. Appellants are aggrieved by Order dated 14.08.2017 and Appeal filed is against that Order. We do not agree with the learned counsel for the Appellants that date of 1st January, 2018 would be relevant for the purpose of calculating delay.

4. Sub-sections (1) to (3) of Section 421 of the Companies Act, 2013 are relevant for this matter and read as under:

"(1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.

(2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. '

(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period."
5. From reading the above provision, it is clear that a person aggrieved by an Order may file appeal within the period prescribed of 45 days from the date on which copy of the Order of the Tribunal is made available to the person aggrieved. The Appellate Tribunal can entertain appeal after expiry of the said period of 45 days but within further period not exceeding 45 days, if the Tribunal is satisfied that the Appellants were prevented by sufficient cause from filing the appeal within that period. Counsel for Respondent has relied on Judgment in the matter of Bengal Chemists & Druggists Assn. v. Kalyan Chowdhury : [2018] 90 taxmann.com 112 (SC) - of Hon'ble The Supreme Court of India (Civil Appeal No. 684 of 2018 decided on 02.02.2018) : to state that after such 45 days, this Tribunal cannot condone further period.

6. When we look at the present matter, the Impugned Order is dated 14th August, 2017. We intend to ignore the argument of the learned counsel for the Respondents that after 14th August, 2017, the matter in NCLT had been posted on 21st September, 2017 as Order sheet of presence is not shown. Even if we take the date of 10th October, 2017 when Certified Copy was issued, as the basis for calculating the period of limitation, still we find there are obstacles for the Appellants to cross.

7. Page - 89H of the appeal shows that certified true copy issued free of cost was issued on 10.10.2017. The Praecipe filed for correction before NCLT is dated 27th December, 2017 as can be seen from Corrigendum Order. The period between 10.10.2017 to 27.12.2017 would be about 77 days. First the Appellants consumed 77 days to move the NCLT for rectification. The NCLT passed orders on 01.01.2018. Even if we ignore that period from 27.12.2017 to 01.01.2018 and give benefit to the Appellants, it does not help Appellants. The Cor

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rigendum Order was passed on 1st January, 2018 (Page - 89A) and the Appellants were given certified true copy of such Corrigendum Order on 2nd January, 2018. The appeal has been presented only on 31st January, 2018 and thus another about 28 days were consumed. Adding the earlier 77 days consumed and another 28 days consumed, the appeal is filed after 100 days. As such, the appeal is clearly time barred. This I.A. itself also seeks condoning of delay of 97 days. Apart from this, for reasons discussed, the appeal is time barred. We reject the I.A. to condone delay and dismiss the appeal tendered as Time Barred. No Order as to costs.
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