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Supreme Court of India 2018-02-02 dismissed

Bengal Chemists & Druggists Assn vs Kalyan Chowdhury

Bench: 2 — R.F. Nariman

In Brief

The Supreme Court held that Section 5 of the Limitation Act, 1963 cannot extend the 90-day period (45 days plus 45 days grace) for appealing to the National Company Law Appellate Tribunal under Section 421(3) of the Companies Act, 2013. The Court found that Section 421(3) contains peremptory language fixing a strict outer limit, with the second grace period functioning as a built-in condonation mechanism that cannot be exceeded. The "as far as may be" language in Section 433 does not override this special statutory provision. Once both periods expire, no further extension is available, even under the general Limitation Act.

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Companies Act Limitation of Actions Appellate Procedure Statutory Construction

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