Dahisar Traders Pvt. Ltd. And Anr vs I. N. Chinnachamy
2021 Latest Caselaw 2032 Cal

16.03.2021

suman Ct. 30 CRA 59 of 2021 With CRAN 1 of 2021

(Via Video Conference)

In the matter of:

Dahisar Traders Pvt. Ltd. and Anr.

Vs.

I. N. Chinnachamy, Deputy Registrar of Companies

Mr. Ayan Bhattacherjee Mr. Md. Z. Rauf Mr. Aditya Ratan Tiwari ..for the Appellant

This is an application under Section 5 of the Limitation

Act for condonation of delay in preferring the appeal under

Section 374(2) of the Code of Criminal Procedure. It is

found from the record that the impugned judgment was

passed on 16th January, 2020. The appeal ought to have

been filed within 60 days from the date of delivery of the

judgment. However, by an order dated 23rd March, 2020

in Suo Motu Writ Petition (Civil) No(s). 3 of 2020 the

Hon'ble Supreme Court directed that the period starting

from 15th March, 2020 to 14th March, 2021 shall be

excluded in computing the period of limitation. The

Memorandum of Appeal has been filed on 12th February,

2021. Thus, I hold that the instant appeal has been filed

within time.

The appeal be admitted.

Issue usual notices.

Call for Lower Court record.

Realization of fine amount be suspended.

(Bibek Chaudhuri, J.)