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2023 (10) TMI 1420 - AT - Insolvency and BankruptcyCondonation of refiling delay of 65 days - HELD THAT - Sufficient ground for condonation of refiling delay has been shown. Refiling delay is condoned. Condonation of inordinate delay - HELD THAT - This Appeal has been filed against the order of the Adjudicating Authority dated 10.06.2022. The Appeal has been e-filed only on 09.07.2023. The jurisdiction to condone delay is limited to only 15 days as per Section 61(2) proviso - such an inordinate delay in filing the Appeal is condoned. Delay Condonation Application is dismissed.
Issues:
1. Condonation of re-filing delay in I.A. No. 4605 of 2023 2. Dismissal of delay condonation application in I.A. No. 4698 of 2023 Analysis: Issue 1: Condonation of re-filing delay in I.A. No. 4605 of 2023 The Appellate Tribunal considered an application, I.A. No. 4605 of 2023, seeking condonation of a re-filing delay of 65 days. The counsel for the Appellant provided grounds for the delay in Para 3 of the application. The Tribunal acknowledged that sufficient grounds were presented for condonation of the re-filing delay and subsequently granted the condonation. As a result, I.A. No. 4605 of 2023 was disposed of by the Tribunal. Issue 2: Dismissal of delay condonation application in I.A. No. 4698 of 2023 In this matter, an Appeal was filed against an order issued by the Adjudicating Authority on 10.06.2022. However, the Appeal was only e-filed on 09.07.2023, resulting in a significant delay. The Tribunal noted that their jurisdiction to condone such delays is limited to 15 days as per Section 61(2) proviso. Due to the inordinate delay in filing the Appeal beyond the permissible limit, the Tribunal was unable to condone the delay. Consequently, the Delay Condonation Application was dismissed, leading to the rejection of the Memo of Appeal. This judgment by the National Company Law Appellate Tribunal, Principal Bench in New Delhi addressed the two distinct issues of condonation of re-filing delay and dismissal of a delay condonation application, emphasizing the importance of adhering to prescribed timelines in legal proceedings.
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