National Company Law Appellate Tribunal
Prag Bosimi Synthetics Ltd vs 3A Capital Ltd. & Ors on 11 July, 2016
Company Appeal (AT) No. ¢ oF BLS Present: O) RISTICE 5.1. MUKHOPADHAYA, CHAIRPERSON SH. . BALVINDER SINGH, AEEMBER (TECHRICAD TTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NEW DELHI BENCH OF THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL ON 12.07.2016 AT 10:30a.m. NAME OF THECASE Prag Boshrd Synthetics Ltd. Ys. 3A Capital Led. & Ors. SECTION OF THE COMPANIES ACT, 2013: 421 hy the Appellant Prag Bosimi Synthetics Limited against order dated oe May, 2016 passed by the erstwhile Company Law Board at Kolkata in CP No. 89/2011 filed by the Respondent No.1.
& Nobadiy appears on behalf of the Appellant.
3. Section 471 relates to appeal from orders of Tribunal (National Comparer Law _ Teibanal constituted since 1" June, 2018). The provision reads as follows:
"Section 421(1)- Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Trial." | we Card. ncnene "* we tee
4 - Section £34, though relates tp the transfer of certain pending proceedings, Clause &) of sub-section 1 of a - section <4 of the Companies Act, 2015 reads as follows-
"Section £34 (1) - On auch date as may be notified bey the Central Sooermment ¢ this behely'~ th) aky person agericred by any decieion or order af the Compexy Low Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising ont of such order:
Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within She said periad, allow if to be Bled within a further period not exceeding sixty days:
8. in view of the aforesaid provisions, as the order has been passed before I" fume, a6 that too by the erstwhile Company Law Board. the present appeal fs not maintainable, Eis accondingly dismissed.
ne TNE (Justice (Rend) SJ Mukhopaidhaya) Chairperson Member Technical)