BENGAL CHEMIST AND DRUGGISTS ASSOCIATION vs KALYAN CHOWDHURY

The Supreme Court upheld the dismissal of an appeal by the National Company Law Appellate Tribunal, affirming that the appeal was not maintainable as it was filed 9 days after the expiration of the 45-day limitation period under Section 421(3) of the Companies Act, 2013. The Court clarified that the provisions of the Limitation Act, 1963, as referenced in Section 433 of the Act, do not apply to extend the limitation period in this case. The Court emphasized that the limitation period is peremptory and cannot be circumvented without sufficient cause being established.