SANTOSH KUMAR HEGDE Vs. PARIMALA HOSPITALITY PRIVATE LIMITED
LAWS(BOM)-2017-2-229
HIGH COURT OF BOMBAY
Decided on February 24,2017

Santosh Kumar Hegde Appellant
VERSUS
Parimala Hospitality Private Limited Respondents

JUDGEMENT

R.D.DHANUKA,J. - (1.) By this company application, the applicant (original appellant) seeks condonation of delay of 135 days in lodging the company appeal against the impugned order dated 27th March, 2014 passed by the Company Law Board. Mr. Dubash, learned counsel appearing for the respondent raises a preliminary issue that this Court has no power to condone the delay beyond the period of 60 days and that also provided sufficient cause for seeking condonation of delay is made out.
(2.) Learned counsel appearing for the applicant in support of this application submits that the impugned order was passed on 27th March, 2014. The applicant received the certified copy of the impugned order on 2nd April, 2014. The applicant lodged the company appeal on 17th October, 2014 before this Court. He submits that the applicant had severe medical condition and stress and was advised complete rest at home and was under the treatment of Dr. B.T. Kate, M.D. Consulting Physician. He submits that as a result thereof, the applicant could not give instructions to his advocate to ensure that the present appeal is filed within time.
(3.) It is submitted by the learned counsel for the applicant that the applicant had also suffered with paroitid carcinama and was admitted and operated at Nanavati and Tata Memorial Hospital during the said period. Learned counsel invited my attention to a medical certificate dated 18th October, 2014 issued by Dr.B.T. Kate, certifying that the appellant was under his treatment.;


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