National Company Law Appellate Tribunal
Mr. Praveen Shankaralyam vs M/S Elan Professional Appliances Pvt. ... on 12 January, 2017
{IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
REW DELHI
moany Appeal (AT) No. 34 ef 2016
Mr, Praveen Shackaraliyam we Appellant
Ves.
Mis Blan Professional Appliances
Private Limited aad Others aos Megpondents
Present: For Appellant: - Mer. P.Nagesh, Advocate
For Respondents: - Mr. Ashish Middha, Advocate
GQROER UR.OL. 2017 Heard the parties. From the record it is clear that all cause of action had taken piace by G18 December 2010. The Company Petition was filed after more than five years In September 2015 and reflec) in Jarrnuary 2015. The National Campany Law Tribone!l "Tribunal" for short} Principal Bench, New Delhi dismissed the petiiien on the grovurd that the petition is barred by Hmlation in view of Section 443 of the Companies Act S013 read with Article 113 of the Limitation Act 1963.
One of the ground taken by learned counsel for the appellant is thst Campany Petition having f ans of Section S97, 298 aret 402 of the Companies Act IGS6, the provision of Sectian 433 of the Act BOIS or application of Linutetion Act 1963, which have came inte forme since [DS Jume 2076 will net be applicahie.
Though the aforesaid submission seems to be attractive and i is old cases, the appellant/pentiener befere the Tribunal cannot escape the ground af delay and laches in preferring the Company petition as raised by the respondents. The appellant was removed as Director as back as om O18 December 2010 after notice to the appellant of action taken place therealter. The Ailing the Company Petition though there is delay of more than five yours. Learnecd counsel for the sopellant subraitterd that the dividends are not paid im time, which are forwarded ts his address at E pene.
ay od fe ott a"
Nae we, where he is not resicing, nub such submission cannot be acceptes op beg.
et Dp Rese, $ ot that the address ail Ernalsiham {Kerala} was given by the appellant to service on appellant, as set out is ~- D-O/i1, South Star Apurtrniernis, Gandhi Z Jagar Behind KSRTC Bus Stars, Ernakuiim-20.
For the reasons aforesaid, we are not inclined to entertain this appeal.
The appeal is accordingh dismissed. However, ibe ne order as to HOST.
ice Sui. Mukhopadhaya} a x ER ALPperson ott vane pe be 1h ee i C o 5 ity. Baivir eer Singh Member & ad) Sm