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TMI Blog2021 (12) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... Prakash, Advocates. ORDER Justice Anant Bijay Singh; I.A. No. 1657 of 2021 has been filed in the instant Appeal seeking condonation of delay of 102 days in filing the instant Appeal. 2. From the perusal of the order dated 23.08.2021 the matter was heard and the Respondent was directed to file Reply Affidavit on I.A. No. 1657 of 2021 (for condonation of delay) and I.A. No. 1658 of 2021 (for Stay) and the main Appeal. Vide order dated 30.09.2021 the I.A. No. 1658 of 2021 for stay of the impugned order was not pressed by the Appellants, the I.A. No. 1658 of 2021 was dismissed. On 10.12.2021 only I.A. No. 1657 of 2021 for condonation of delay of 102 days was taken up. The Respondent appeared and filed Rely Affidavit. 3. The Learned Sr. Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Appellants were not a party to the proceedings before the Hon'ble NCLT, Kolkata. 5. In para 3 of the I.A. No. 1657 of 2021 it has been mentioned that the same were sent to various authorities and thereafter to the Law Department for their comments and it consumed some time and thereafter, the instant Appeal was filed on 03.08.2021 with Application for condonation of delay of 102 days, it may be condoned and the Appeal may be heard on merit. 6. The Respondent filed his Reply Affidavit to I.A. No. 1657 of 2021 through the Authorized Representative, Mr. Pankaj Khetan, authorized vide Board Resolution dated 21.08.2021. 7. The Learned Counsel for the Respondent submitted that the Resolution Plan was submitted by M/s Sponge Sales (In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Resolution Professional vide a second email dated 03.09.2020 (Annexure - A-8 at page 161 of the Appeal Paper Book) intimated the Appellants that the resolution proceeds against the admitted claim of the Appellants have been disbursed. The email reiterated the previous email that the resolution plan of M/s Suraj Industries Limited has been approved by the Ld. Adjudicating Authority vide order dated 12.08.2020. 13. It is further submitted that a single window application dated 11.11.2020 (Annexure R/3 of the Reply Affidavit) to facilitate approvals required (including power connection) as per rules of the Directorate of Industries, HP Government was filed by the Respondent (Suraj Fabrics Industries Limited). The single window application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently, Appeal may be dismissed. 15. After hearing the parties and going through the record and also the submissions, we are of the view that the Appellants had the knowledge of the impugned order dated 12.08.2020 passed by Ld. Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata in I.A. (IB) No. 601/KB/2020 in C.P. (IB) No. 1635/KB/2018 from the email dated 17.08.2020 sent by the Resolution Professional of Suraj Fabrics Industries Limited (Respondent) way back of 17.08.2020 (Annexure R/2 at page 10 of the Reply Affidavit filed by Respondent) and the instant Appeal has been filed on 03.08.2021 and no sufficient explanation for condonation of delay have been made out in the instant Appeal. 16. In view of the above, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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