9911796707
TMI Blog2023 (7) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... given is that after she came to know the impugned order dated 22.03.2023 on 26.03.2023, she collected relevant documents and filed the appeal. The reason assigned in this application is not at all sufficient for the purpose of condonation of delay and it appears to us that the Appellant is not taking the period, within which the appeal is to be filed, seriously rather it appears that there is a perception that the condonation of delay is a matter of right. There is hardly any ground mentioned by the Appellant in the application and argued during the course of hearing for the purpose of causing the delay in filing of the appeal which may be a sufficient cause, therefore, there is no merit in the present application and hence, the same is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal has been preferred but in this process not only the period of 30 days which is provided in the statute had expired but also the appeal has been filed on the 15th (last date) of the extended period of limitation. 4. We have heard Counsel for the Appellant and perused the record. Section 61 of the Code deals with the appeals and the appellate authority. Section 61 is reproduced as under:- Section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iserably fail to establish a legal right. It is further trite that despite an extraordinary constitutional jurisdiction contained in Article 142 of the Constitution of India, this Court ordinarily would not pass an order which would be contravention of a statutory provision. 37. As early as in 1911, Farwell, L.J. In Latham v. Richard Johnson Nephew Ltd. (1911-12) All ER Rep 117 observed: (All ER p. 123E) We must be very careful not to allow our sympathy with the infant plaintiff to affect our judgment. Sentiment is a dangerous will o the wisp to take as a guide in the search for legal principles Thus, considering the statutory provisions which provide that delay beyond 15 days in preferring the appeal is uncondonable, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The question in this case is that if the Appellant got the information on 26.03.2023 then she had the opportunity to file the appeal within the statutory period of 30 days up to 26.04.2023 but no appeal was filed nor even certified copy was applied. 8. Be that as it may, the Appellant then took further period of 15 days i.e. the appeal has been filed on the last day of the extended period of 15 days without giving any cogent reason for not preferring the appeal within the statutory period or even before that. The only reason given is that after she came to know the impugned order dated 22.03.2023 on 26.03.2023, she collected relevant documents and filed the appeal. The reason assigned in this application is not at all sufficient for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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