Whether period of limitation provision of Section 433 of the Companies Act, 2013 is applicable to Section 244 of the Act? – Neeraj Gupta & Anr. Vs. A-1 Equipments (P) Ltd. & Ors. – NCLAT New Delhi

It is found from the perusal of Section 244 read with Section 433 that no application is required to be filed for seeking condonation of delay as there is no limitation prescribed much less under Article 137 of the Act of 1963 for the purpose of applying within the period of three years. NCLAT held that in view of the aforesaid facts and circumstances we are totally satisfied that the impugned order is not sustainable. The Appeal is allowed. The impugned order is hereby set aside in so far as the application under Section 244 is concerned.

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