2022 (11) TMI 107 - AT - Insolvency and Bankruptcy

Condonation of delay of 13 days in filing the Appeals - submissions which has been pressed by the Learned Counsel for the Appellant is that on 08th June, 2022, Application was heard on the preliminary issue but the Order was not pronounced on the said date - HELD THAT - From the facts and circumstances which have been brought on record and the Report of the Registrar, the mere mentions of the words Order pronounced on 08th June, 2022 is not sufficient to prove that Order was made available on 08th June, 2022. The present is case where Appellant submits that arguments were heard on 08th June, 2022 and Orders were reserved. They were not aware of the Order till it was uploaded hence there was no occasion for filing an Appeal by them - The present is a case where Appellant cannot be blamed for not applying the certified copy of the Order dated 08th June, 2022 since according to the Appellant, the Order was not pronounced nor it was uploaded although Appellant was present in the Hearing and his Learned Counsels participated in the Hearing raising objection regarding the maintainability of the Application. The present is a case where the Appeal cannot be thrown out on the ground of limitation. After order became available on 29th July, 2022, the Appeal has been filed within 45 days from the date when Order was made available to the Appellant. Order was made available on 29th July, 2022 and 30 days limitation period came to an end on 28th August, 2022 and within 15 days thereafter, the present Appeal has been filed on 12th September, 2022 - the jurisdiction under Section 61(2) proviso of the Code is exercised and this is found to be a fit case to condone the delay which is less than 15 days. Delay in filing the Appeal is condoned - List these Appeals For Admission on 07th November, 2022.

Summary

Issues:
Delay in filing Appeals against Orders dated 08th June, 2022 and 31st August, 2022.

Analysis:

1. Delay Condonation Application (I.A. No. 3412 of 2022):
- Appellant filed for condonation of delay in filing Appeals against the mentioned Orders.
- Appeal filed on 12th September, 2022, within time for the Order dated 31st August, 2022, but delayed for the Order dated 08th June, 2022.

2. Arguments for Condonation:
- Appellant's counsel stated that the Order from 08th June, 2022, was not available until 01st August, 2022, causing a delay of 13 days.
- Counsel checked daily for the Order after the hearing but found it uploaded only on 01st August, 2022.

3. Tribunal's Order and Registrar's Report:
- Tribunal called for a report from the Registrar of the NCLT regarding the status of the Order dated 08th June, 2022.
- Registrar's report confirmed the matter was heard on 08th June, 2022, and the Order was uploaded on 29th July, 2022.

4. Decision on Condonation:
- Appellant argued that they were under the impression that the Order was reserved on 08th June, 2022, and not available until later.
- Tribunal found it appropriate to condone the delay of less than 15 days as the Appeal was filed within 45 days of the Order's availability.

5. Legal Precedent and Conclusion:
- Citing a legal precedent, the Tribunal emphasized that the Appellant cannot be blamed for not applying for the Order immediately if it was not available.
- The Tribunal, using its jurisdiction under Section 61(2) proviso of the Code, allowed the delay condonation and listed the Appeals for admission on 07th November, 2022.