JUDGMENT

Anil Kshetarpal, J. - Through these separate Company Appeals filed under Section 10F of the Companies Act, 1956 (hereinafter referred to as 'the 1956 Act'), both the parties have questioned the correctness of the order passed by the Company Law Board (Tribunal) (hereinafter referred to as 'the Board') on 18.01.2013. In the considered opinion of the Court, the following questions arise for adjudication:-

i. Whether the delay, in filing the appeal under Section 10F of the 1956 Act, beyond the maximum period for condonation of delay prescribed therein, can be condoned?

ii. Whether the limitation for filing a petition before the Company Law Board under Section 397 and 398 of the 1956 Act, begins to run from the date on which the first step/act of oppression or mismanagement was carried out, particularly when such acts/steps from a series of actions which continue till the filing of the petition?

2. In these appeals, this Court is faced with a situation where the Board after recording findings in favour of Sh. Sharad Saxena, the appellant in CAPP-5-2013, has failed to grant app