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2023 (7) TMI 1183 - AT - Insolvency and BankruptcyCondonation of delay in filing appeal - if the Appellant got the information on 26.03.2023 then she had the opportunity to file the appeal within the statutory period of 30 days up to 26.04.2023 but no appeal was filed nor even certified copy was applied? - HELD THAT - Be that as it may, the Appellant then took further period of 15 days i.e. the appeal has been filed on the last day of the extended period of 15 days without giving any cogent reason for not preferring the appeal within the statutory period or even before that. The only reason given is that after she came to know the impugned order dated 22.03.2023 on 26.03.2023, she collected relevant documents and filed the appeal. The reason assigned in this application is not at all sufficient for the purpose of condonation of delay and it appears to us that the Appellant is not taking the period, within which the appeal is to be filed, seriously rather it appears that there is a perception that the condonation of delay is a matter of right. There is hardly any ground mentioned by the Appellant in the application and argued during the course of hearing for the purpose of causing the delay in filing of the appeal which may be a sufficient cause, therefore, there is no merit in the present application and hence, the same is hereby dismissed.
Issues involved:
The judgment involves the condonation of delay in filing an appeal against an order passed by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016. Condonation of Delay Issue: The appeal was filed with a delay of 15 days, necessitating the Appellate Tribunal to consider the application for condonation of delay. The Appellant argued that the delay was due to not being aware of the order until 26.03.2023, beyond the statutory period of 30 days. However, the Tribunal noted that the Appellant had the opportunity to file the appeal within the statutory period after gaining knowledge on 26.03.2023. The Appellant failed to provide sufficient reasons for the delay, indicating a lack of seriousness in adhering to the statutory timeline for filing the appeal. Consequently, the Tribunal dismissed the application for condonation of delay, emphasizing the importance of adhering to statutory timelines for filing appeals. Dismissal of Appeal Issue: As the application for condonation of delay was dismissed, the Tribunal proceeded to dismiss the appeal itself. The Tribunal found that the appeal was not duly constituted due to the dismissal of the condonation of delay application. Therefore, the appeal was also dismissed, with no costs imposed on either party.
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