9911796707
TMI Blog2023 (7) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... .05.2023. But no evidence is brought on record even prima facie to prove that the Appellant acquired the knowledge only on 27.05.2023. It is to be borne in mind that the legislature has provided only a period of 30 days for the purpose of filing of an Appeal in order to ensure expeditious disposal of the Litigation arising out of the Code and has further provided a window of only 15 days to the Appellate Tribunal to consider an Application for Condonation of Delay that too on being satisfied that there was a sufficient cause with the Appellant/Applicant for not approaching the Court by way of an Appeal in time (within the period of 30 days as prescribed). There are no substance in the present Application as it does not inspire confide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant on the Application for Condonation of Delay and perused the Application. 5. The Right to Appeal is a Statutory Right in view of Section 61 of the Code, which is reproduced as hereunder: 61. Appeals and Appellate Authority. - (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 within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the Adjudicating Authority, before the Appellate Tribunal. Section 61(2) provides a statutory period of 30 days for filing such an Appeal in terms of Section 61(1), meaning thereby the Appeal under Section 61(1) can be filed upto a period of 30 days as a matter of right. But the proviso in Section 61(2) extends the period of Limitation beyond the period of 30 days but only upto a period of 15 days for which the Applicant has to assign a sufficient cause to the satisfaction of the Appellate Tribunal for not filing the Appeal in time prescribed under Section 61(2). 7. In the present case, the Impugned Order was passed on 12.05.2023. The period of 30 days had expired on 11.06.2023 whereas the Appeal alongwith the Application for Condo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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