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1 - 10 of 19 (0.23 seconds)Section 421 in The Companies Act, 2013 [Entire Act]
Union Of India & Ors vs M/S. Cipla Ltd. & Anr on 21 October, 2016
13. The Learned Counsel placed reliance on the Judgement of the Hon'ble
Supreme Court in the Case of Union of India and Ors. V. Cipla Ltd. (2017)
5 SCC 262, wherein it was held as follows:
Ram Prakash Gupta vs Radhey Shyam Sharma & Ors on 23 February, 2023
19. At the outset, this Tribunal addresses to whether the Company Petition was
barred by Limitation. It is the case of the Appellant that the Respondent did not
take steps despite having knowledge in 1995-96 till 2005 when he withdrew the
suit from the Hon'ble High Court of Karnataka and filed a Civil Suit. The
Company Petition was also filed before CLB only in 2008, 12 years after he had
knowledge and 10 years after he had filed an Affidavit notifying the events. It is
submitted by the Learned Counsel for the Appellant that the CLB in Ram Gopal
Patwari (supra) held that even if the provisions of the Limitation Act are not
applicable to the proceedings before the CLB, yet if there is abnormal delay, on
this ground alone the Petition could be dismissed.
Surinder Singh Bindra And Others vs M/S. Hindustan Fasteners (P.) Ltd. And ... on 5 May, 1989
22. At this juncture, this Tribunal finds it relevant to place reliance on the
Judgment of the Hon'ble High Court of Delhi in Surindar Singh Bindra Vs.
Hindustan Fasteners (P) Limited 1990 AIR (Del) 32, in which the Hon'ble High
Court has held as follows: