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2024 (3) TMI 1141 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHICondonation of delay in filing appeal - Appellant submitted that Impugned Order was not available prior to 12.12.2023 and Impugned Order was made available on website of NCLT on 12.12.2023 - HELD THAT:- The Order Impugned Itself indicates that counsel on behalf of the Appellant who is referred as intervening in application was present and order was passed in presence of counsel for the Appellant. The order having pronounced in the presence of the counsel for the Appellant, he cannot be heard in claiming that Appellant was not aware of the order and he came to know only when order was uploaded in website of the NCLT. Whether the Appellant has filed any application for obtaining certified copy? - HELD THAT:- There is no material on record or affidavit or additional affidavit to indicate that any Application has been filed. Rule 2(14) defines “filed” means filed in the office of the registry of the Tribunal. There is not even pleading that any application was filed for certified copy of the Order. Whether Appellant was entitled to file an application for obtaining certified copy of the order passed on 10.11.2023? - HELD THAT:- A party means a person who prefers an appeal or application or petition. The present is a case where Section 7 Application was filed by the Appellant- State Bank of India on which CP(IB) No. 3025/2019 was registered. When Appellant is a party to the main company petition, it does not appear to be reason that he cannot make an application for certified copy of the order in I.A. passed in the same company petition which was filed by the Appellant. All I.As filed in the same company petition by different parties are I.As in the Company Petition and when main Company Petition has been filed by the Appellant, it cannot be said that Appellant was not entitled to apply for certified copy of the Order passed in Company Petition or in I.A.s including I.A. No. 127 of 2022. Hon’ble Supreme Court in V. Nagarajan Vs. SKS Ispat and Power Limited & Ors, [2021 (10) TMI 941 - SUPREME COURT]makes it clear that the limitation commences when order is pronounced and only the time taken by the Court to provide certified copy shall be excluded. The commencement of limitation thus is not suspended till the order is uploaded in the website of the NCLT. Hon’ble Supreme Court in the said Judgment noted the conscious omission “order is made available to the aggrieved party which was occurring in Section 421(3) in Section 61 of IBC”. The order was pronounced on 10th November, 2023 in the presence of counsel for the Appellant, period for limitation shall commence from the next date i.e. 11.11.2023 and the Appeal having been filed with delay of 18 days on 29th December, 2023 was beyond condonable period. Our jurisdiction to condone the delay is limited to 15 days only hence delay of 18 days cannot be condoned. Delay Condonation Application is dismissed.
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