BHAGWATI DEVELOPERS PRIVATE LIMITED Vs. PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED
HIGH COURT OF CALCUTTA
BHAGWATI DEVELOPERS PRIVATE LIMITED
PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED
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S.K.Mukherjee, J. -
(1.)- This is an appeal against judgment and order dated November 25, 1998 passed by the Company Law Board, Eastern Region Bench at Calcutta in Original Petition No. 15(111)/ERB/1995. The said appeal has been filed under section 10F of the Companies Act, 1956.
(2.)When the appeal is taken up for hearing, Mr. Sudipta Sarkar, learned senior advocate, appearing on behalf of the respondent No. 1, submits that this appeal is barred by limitation. Mr. Sarkar argues that an aggrieved person can file an appeal under section 10F of the said Act to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him; however, the said aggrieved person can obtain extension of time for filing the appeal for a further period not exceeding sixty days provided that he has been prevented by sufficient cause form filing the appeal within the said period of sixty days. Mr. Sarkar argues that the appellant got the certified copy of the order of the Company Law Board on November 27, 1998 and as such the present appeal, which has been presented on May 14, 1999, has been filed out of time. Mr. Sarkar submits that the appellant failed to show sufficient cause for the late filing of the appeal.
(3.)Mr. Utpal Bose, learned advocate for the appellant, in reply, argues that the hearing of the case before the Company Law Board was concluded on August 25, 1998 and the Company Law Board reserved its judgment. As the appellant did not hear from the Company Law Board till third week of February 1999, the appellant sent a letter dated February 22, 1999 to the Bench Officer of the Eastern Region Bench of the Company Law Board. The said Bench Officer by a letter dated February 23, 1999 informed the learned advocate for the appellant that the case was disposed of by judgment and order dated November 25, 1998 and a copy of the said judgment and order had been sent to the learned advocate for the appellant under certificate of posting. The said letter dated February 23, 1999 was received by the learned advocate for the appellant on March 8, 1999 and on March 9, 1999 an application was filed for a certified copy of the said judgment and order. The learned advocate of the appellant, however, informed the Bench Officer concerned, in reply to his letter dated February 23, 1999, that the certified copy of the judgment and order, sent under certificate of posting, did not reach the learned advocate for the appellant. The appellant received the present certified copy on March 25, 1999 and the present appeal has been presented on May 14, 1999. Mr. Utpal Bose, therefore, submits that the appeal is not barred by limitation, but the same has been filed in time.
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