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2023 (7) TMI 547 - AT - Insolvency and BankruptcySeeking Condonation of Delay of 14 days in filing of the Appeal - It is also averred in the Application that the delay has been caused as the Applicant had to collect relevant papers from various Regional Offices - HELD THAT - In the present case, the Appellant, a Government agency, allegedly not a party to the litigation, came to know about the Impugned Order on the very next date i.e., 04.02.2023 and was having about 28 days for the purpose of collecting the relevant information to file the Appeal in terms of Section 61(2) but the Appeal was not filed within that statutory period rather 14 more days were spent in filing the Appeal and the same has been filed on the last day provided in the proviso to Section 61(2) and a request thus has been made for Condonation of Delay - No doubt, that this Tribunal has the jurisdiction to Condone the Delay but the said jurisdiction has to be exercised only if it is satisfied that there was a sufficient cause for not filing the Appeal in time. It is really strange that the agency of the Government failed to seek the required information within the period of 30 days which is otherwise available now on the website of each Department but the Appellant has shown total laxity in pursuing this matter in time and had allowed the statutory period of 30 days to expire and filed the Application for Condonation of Delay along with the Appeal on the 15th day which is the last day provided in terms of Section 61(2) proviso - There are no sufficient cause for the purpose of Condonation of Delay of 14 days in filing the Appeal and hence the Application is hereby dismissed.
Issues involved:
The issue in this case revolves around the Condonation of Delay of 14 days in filing an Appeal under Rule 31 of the NCLT Rules, 2016. Summary: The Appellant filed an application seeking Condonation of Delay of 14 days in filing the Appeal, citing that they were not party to the litigation but came to know about the Impugned Order a day after it was passed. The delay was attributed to the time taken to collect relevant papers from various Regional Offices. The Tribunal examined the provisions of Section 61 of the Insolvency and Bankruptcy Code, 2016, which allows for a period of Limitation of 30 days for filing an Appeal, with a provision to Condone the Delay for up to 15 days if sufficient cause is shown. Despite having ample time to collect information, the Appellant failed to file the Appeal within the statutory period and sought Condonation of Delay only on the last day provided in the proviso. The Tribunal noted that the Appellant's failure to seek required information in a timely manner did not constitute a sufficient cause for Condonation of Delay. Consequently, the Application for Condonation of Delay was dismissed, leading to the dismissal of the Appeal itself. Separate Judgement: No separate judgment was delivered by the judges in this case.
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