Supreme Court of India
Bengal Chemists & Druggists Assn. v. Kalyan Chowdhury
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that this would also make no differ ence in view of the language of the proviso to Section 421(3) which conta ins mandatory or peremptory negative language and speaks of a second period not exceeding 45 days, which would have the same effect as the expression “but not thereafter” used in Section 34(3) proviso of the Arbitration Act, 1996.
Judgment, page 7
From the headnote
Companies Act, 2013 – s.421(3) – National Company L aw Appellate Tribunal after setting out s.421(3) of the Act, dismissed appeal as not maintainable, inasmuch as the appeal was filed 9 days after the period of limitation of 45 days had expired and a further period of another 45 days had also expired – Appellant contended that u/s.433 of the Act, the provisions of th e Limitation Act shall, as far as may be, apply to appeals befor e the Appellate Tribunal and that therefore, s.5 of the Limitation Act would be applicable to condone the delay beyond the period o f 90 days – Held: There is no
Authorities it was built on
Where later benches applied it
- 2021 V Nagarajan v. Sks Ispat and Power Ltd.& Ors.
- 2021 Kalpraj Dharamshi & Anr. v. Kotak Investment Advisors Ltd. & Anr.
Of those, 1 distinguished · 1 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.