Bengal Chemists & Druggists ASSN Vs Kalyan Chowdhury (Supreme Court of India)
In the Supreme Court case Bengal Chemists & Druggists Association Vs Kalyan Chowdhury, the court addressed an appeal challenging the National Company Law Appellate Tribunal’s (NCLAT) dismissal of a late appeal. The appeal was filed beyond the permissible 45 days, with an additional 45-day grace period also having elapsed. The appellant argued that Section 421(3) of the Companies Act, 2013, which allows for a further 45 days if sufficient cause is shown, should be interpreted with flexibility similar to provisions under the Limitation Act. However, the Supreme Court found that the specific limitation provisions of Section 421(3) are peremptory and not subject to further extension beyond the stated periods. The Court emphasized that Section 421(3) sets a clear, non-extendable limit for filing appeals, rejecting the appellant’s argument for applying Section 5 of the Limitation Act. The appeal was dismissed as the Court upheld NCLAT’s decision that the appeal was not maintainable due to being filed outside the prescribed limitation periods.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. The present appeal is against an order of the National Company Law Appellate Tribunal dated 31.07.2017 by which the Appellate Tribunal, after setting out Section 421(3) of the Companies Act, 2013, (for short ‘the Act’) has dismissed the appeal as not maintainable, inasmuch as the appeal has been filed 9 days after the period of limitation of 45 days has expired and a further period of another 45 days has also expired.
