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2018 (5) TMI 1249 - AT - Companies LawNon filing Appeal within the time granted - extend the time granted for compliance given under sub-rule (2) to rule 26 of the NCLAT Rules 2016 seeked - delay of one day - Held that - In the case on hand the initial presentation of the appeal under Rule 22 on 02.04.2018 and the subsequent presentation after curing the defects on 11.04.2018 are well within the period of limitation of 45 days even if the limitation is computed on the basis of the allegation in para-2 of the Appeal memorandum or on the basis of the date of issue of the free certified copy of the impugned order. Therefore exercising the power conferred under sub-rule (3) to rule 26 the time granted under sub-rule (2) to rule 26 for curing the defects is extended. Point answered accordingly.
Issues:
- Application to extend time for compliance under rule 26 of NCLAT Rules, 2016. - Consideration of extending time for curing defects in appeal filing. - Relief sought in the application. Analysis: Issue 1: Application to extend time for compliance under rule 26 of NCLAT Rules, 2016 The application sought to extend the time granted for compliance under sub-rule (2) of rule 26 of the NCLAT Rules, 2016. The delay of one day in presenting the appeal after curing the defects was attributed to a power failure at NCLAT, causing the applicants to miss the deadline. The prayer was to condone this delay, emphasizing that it was unintentional and due to unavoidable circumstances. Issue 2: Consideration of extending time for curing defects in appeal filing The main points for consideration were whether the time given for complying with the direction to cure defects could be extended under sub-rule (3) of rule 26 of the NCLAT Rules, 2016. The appeal was filed within the prescribed period but found defective, leading to a delay of one day in resubmitting after curing the defects. The computation of the limitation period from the date of receipt of the impugned order was crucial in determining the timeliness of the appeal filing. Issue 3: Relief sought in the application The relief sought in the application was to extend the time granted for curing the defects in the appeal filing. The Tribunal, after considering the facts and timelines, found that the initial and subsequent presentations of the appeal were within the 45-day limitation period. Consequently, the power conferred under sub-rule (3) of rule 26 was exercised to extend the time granted under sub-rule (2) for curing the defects. The application for relief was allowed, and the matter was listed before the Appellate Tribunal for further proceedings on the specified date.
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