9911796707
TMI Blog2022 (7) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... estoration of the original petition and dismissal of the baseless appeal are sought to be questioned in this appeal before this Court. The grounds urged are essentially to the effect that only the application of condonation of delay was registered and the Tribunal had erred in allowing both the applications by its order dated 23.12.2021. It is also sought to be contended that the Tribunal could no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - No other provision has been brought to our notice which limits or curtails the powers of the Tribunal to condone the delay in filing the application for restoration. It needs hardly any reiteration that the rules or procedure are essentially intended to serve the cause of justice and are not for punishment of the parties in conduct of their matters. No case for interference is made out - Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... National Company Law Tribunal, Ahmedabad on 12.11.2020. The applicant (respondent herein) filed two applications on 07.01.2021 seeking; (i) Condonation of Delay of 27 days in filing for restoration; and (ii) for restoration of the main petition. By a short order dated 26.10.2021, the Tribunal granted these prayers. An attempt on the part of the appellant to challenge the order so passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal could not have condoned the delay beyond 15 days. In support of this argument, learned counsel for the appellant would refer to the prescriptions in Section 61 of the Code, which provide for filing of appeal within 30 days and limiting the period for condonation of delay in filing the appeal to 15 days. It is beyond comprehension as to how such a prescription as regards the period of filing t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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