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2023 (3) TMI 803 - AT - Insolvency and BankruptcyCondonation of 55 days delay in filing the Appeal - delay due to health problems - HELD THAT - The power to condone delay vested in this Tribunal under Section 61 (2) proviso is only 15 days. The judgment of this Tribunal in Chennai Bench in M. K. Resely Ors. vs. Union Bank of India Ors 2022 (11) TMI 1155 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI which has been relied by the Appellant in support of his submission is needed consideration. In the said case, this Tribunal relying on Section 14 of the Limitation Act has granted exclusion of the period from 25.01.2022 to 22.06.2022, during which period the Appellant of that case had indulged in bonafide litigious activity in preferring the Writ Petition No. 2832/2022 and Writ Appeal No. 537 of 2022 before the High Court of Kerala. The grounds as given in the application does not give any satisfactory cause for condonation of delay, which is beyond 15 days. The judgment of Chennai Bench of this Tribunal relied by the Appellant in M. K. Resely Ors. vs. Union Bank of India Ors. has no application in the facts of the present case. This application which prays of condonation of delay of 55 days cannot be accepted - COD application dismissed. Present is not a case where the Appellant is claiming any benefit of Section 14 of the Limitation Act. Appellant in the application has taken the ground that he received the impugned order dated 07.09.2022 on 24.11.2022 and the same was prepared by the registry on 16.11.2022 and due to health problems of the Appellant, the appellant could not provide the required documents and annexures.
Issues involved:
The judgment deals with an application for condonation of delay in filing an appeal against an order passed in a Company Petition. The main issue is whether the delay of 55 days should be condoned. Delay Condonation Application: The appellant filed an application seeking condonation of a 55-day delay in filing the appeal against the order dated 07.09.2022. The power to condone delay vested in the Tribunal under Section 61(2) proviso is limited to 15 days. The appellant relied on a judgment of NCLAT at Chennai in a similar case for condonation of delay. Judgment Reference: The Tribunal referred to a previous case where delay was condoned based on Section 14 of the Limitation Act due to bonafide litigious activity. However, in the present case, the appellant did not claim the benefit of Section 14. The appellant cited health problems as the reason for the delay in providing required documents and annexures. Decision: The Tribunal found the grounds given by the appellant for condonation of delay unsatisfactory as they did not provide a valid cause beyond the 15-day limit. The judgment from the Chennai Bench, which was relied upon by the appellant, was deemed inapplicable to the current case. Consequently, the application for condonation of delay of 55 days was dismissed, and the Memo of Appeal was rejected.
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