9911796707
TMI Blog2023 (3) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... cy and Bankruptcy Code, in person being aggrieved in respect of order passed by the Adjudicating Authority is to prefer an Appeal before this Appellate Tribunal within 30 days and this means from the date of pronouncement of the concerned orders. However, in the instant Case, admittedly according to the Petitioner/Appellant, the Petitioner seeks to condone delay of 289 days from 10.03.2022 till 23.12.2022 in preferring the instant Company Appeal and also seeks for an exclusion of 302 days between 11.05.2021 [Period between filing of application IA/262/2021] till 09.03.2022 (date of disposal of the Application by the Adjudicating Authority]. Rule 150(3) of the NCLT Rules, enjoins that a certified copy of every order passed by the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Plan and the Committee of Creditors had approved the same and preferred an application before the Adjudicating Authority seeking approval of Resolution Plan and hence the claim filed by the Appellant cannot be considered at this stage and the same was not entertained. The stand of the Petitioner / Appellant is that due to the second waive of COVID 2019, the Petitioner / Appellant could filed an application against the rejection of the claim and on 11.05.2021, the Petitioner / Appellant had inadvertently filed the above before the Adjudicating Authority / Tribunal , against the rejection of the claim by the Resolution Professional . Also, that, the Adjudicating Authority / Tribunal through an order dated 09.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.05.2021 09.03.2022 Period between filing of application IA/262/2021 till date of disposal 302 days and submits that the instant Company Appeal is preferred with a bona fide intention, in the interest of justice and at the earliest available opportunity by the Appellant . Be it noted that Section 6(1) and (2) of the Insolvency and Bankruptcy Code reads as under:- (1) Notwithstanding anything to the contrary contained under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore this Appellate Tribunal within 30 days and this means from the date of pronouncement of the concerned orders. However, in the instant Case, admittedly according to the Petitioner / Appellant , the Petitioner seeks to condone delay of 289 days from 10.03.2022 till 23.12.2022 in preferring the instant Company Appeal and also seeks for an exclusion of 302 days between 11.05.2021 [Period between filing of application IA/262/2021] till 09.03.2022 (date of disposal of the Application by the Adjudicating Authority ]. It is worthwhile for this Tribunal to advert to Rule 150(1) of the NCLT Rules, 2016 which runs as under:- 150. Pronouncement of Order:- (1) The Tribunal, after hearing the applicant and respondent, shall make a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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