PQR Express Limited is aggrieved by an order of National Company Law Appellate Tribunal (NCLAT). As a Company Secretary, advise the Company as to where an appeal can be filed against the order of NCLAT and also comment o

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
PQR Express Limited is aggrieved by an order of National Company Law Appellate Tribunal (NCLAT). As a Company Secretary, advise the Company as to where an appeal can be filed against the order of NCLAT and also comment on limitation period of appeal against the order.

Answer & Explanation:

As per section 423 of the Companies Act, 2013, any person aggrieved by any order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of receipt of the order of the Appellate Tribunal to him on any question of law arising out of such order. The Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. In the given case, PQR Express Limited can file an appeal to Supreme Court of India against order of National Company Law Appellate Tribunal (NCLAT) within 60 days from the date of receipt of order of the Appellate Tribunal.

Topics: Company Law

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