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2008 Supreme(P&H) 495

PERMOD KOHLI
Pawan Goel: – Appellant
Versus
KMG Milk Food Ltd. Kurukshetra: – Respondent


Advocates Appeared:
For the Appellant:Mr. Amit Rawal, Advocate.
For the Respondent Nos. 1 and 2:Mr. Arun Kathpalia, Advocate
For the Respondent Nos. 3 to 6:Mr. Rohit Khanna, Advocate

JUDGMENT

Permod Kohli, J. - The validity of the order dated November 24, 2006, passed by the Principal Bench of the Company Law Board, New Delhi, in C. P. No. 114 of 2006 and C. A. No. 428 of 2006, has been questioned in this company appeal. At the time of filing the appeal, an application (C. M. No. 109 of 2007) was filed by the appellant under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 140 days in preferring the appeal against the impugned order before this Court. However, subsequently, another application C. M. A. No. 114 of 2007 has been filed on May 21, 2007, under Section 14 of the Limitation Act, 1963, seeking exclusion of time during which the applicant- appellant was pursuing the appeal before the honble Delhi High Court. Further, prayer was made in paragraph No. 10 of this application for withdrawal of Misc. Application No. 109 of 2007, in view of the filing of fresh application under Section 14 of the Limitation Act. It may be noticed here that C. M. No. 109 of 2007 under Section 5 of the Limitation Act and the accompanying appeal were presented before this Court on May 15, 2007. Upon notice, respondents Nos. 1 and 2 who are the contesting resp





























































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