# In the matter of  Maharashtra Shetkari Sugar Ltd. (IB)-1767(MB)-2017

> NCLT judgment dated 2020-06-15. Citation: TCN-2020-NCLT-01166. The case involves an application filed before the NCLT Bench for condonation of delay/extension…

- **Court:** NCLT
- **Order date:** 15 Jun 2020
- **Citation:** TCN-2020-NCLT-01166
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maharashtra-shetkari-sugar-ltd-ib-1767mb-2017-a4108e3b

## Summary

### Background

The case involves an application filed before the NCLT Bench for condonation of delay/extension of time to file e-form RoC INC-28. The applicant failed to file the form in time, leading to the application for condonation of delay.

## Facts

Union Bank filed an application for condonation of delay/extension of time to file e-form RoC INC-28. The bank failed to file the form within the stipulated time. The application was filed before the NCLT. The court noted that Section 460 of the Companies Act, 2013, requires such applications to be filed before the Central Government. The applicant cited Rule 15 read with Rule 153 under NCLT Rules, 2016. The court determined that it lacked the authority to grant the condonation of delay, as the Companies Act confers this right upon another authority.

## Issues and analysis

### Issue 1: Whether the NCLT has the jurisdiction to condone the delay in filing e-form RoC INC-28 when Section …

**Ratio:** The legal principle is that when a specific statute, such as the Companies Act,

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**Reasoning:** The court reasoned that Section 460 of the Companies Act, 2013, clearly states that

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**Interpretation:** The interpretation of Section 460 is that it provides a specific procedure for

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**Application:** In this case, the applicant sought condonation of delay from the NCLT, which

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## Parties

- **Judges:** SH. B.S.V.…
- **Appellants:** Union…
- **Respondents:** Maharashtra…

## Timeline

- **2020-06-15 — Order Del…**: The order was delivered…

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