9911796707
TMI Blog2023 (7) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... hority that there was a sufficient cause for not approaching the Appellate Authority in time with the appeal but in no case the period of 15 days can further be extended. Whether there is a sufficient cause assigned by the Appellant for the purpose of condoning the delay? - HELD THAT:- Although the limitation to challenge the impugned order started w.e.f. 03.03.2022 but even if it is presumed that the Appellant was pursuing its other remedy to challenge the order of exparte itself and had remained unsuccessful till the Hon ble Supreme Court when its Civil Appeal was also dismissed on 06.04.2023 and the period of limitation is to be counted from 06.04.2023, the period of 30 days for the purpose of filing of this appeal had expired on 06.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Authority (National Company Law Tribunal, Chennai (Special Bench-II) by which an application i.e. I.A. No. 1341/IB/2020 filed in IBA No. 243/2019 by the Liquidator has been allowed. 2. The Respondent in the aforesaid application and the present Appellant was proceeded against ex-parte while passing the aforesaid order. 3. Counsel for the Appellant has submitted that the Adjudicating Authority had passed the order to proceed against the present Appellant ex-parte on 03.03.2022 and on the same day allowed the application ex-parte against the Appellant. 4. It is submitted that the Appellant has challenged the order dated 03.03.2022 by which it was proceeded against ex-parte by filing an application which was dismissed on 18.10.2022. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of the Liquidator. 8. Since, both the orders were passed on 03.03.2022, therefore, the Appellant first challenged the order by which it was proceeded against ex-parte and reached up to the Hon ble Supreme Court when their appeal was dismissed on 06.04.2023, however, after filing the review application, it decided to challenge the order dated 03.03.2022 by which the application itself has been allowed to ex-parte. It is thus submitted that the period spent in pursuing the other remedy in which the Appellant has remained unsuccessful till the Hon ble Supreme Court in Civil Appeal No. 1995 of 2023 which was dismissed on 06.04.2023, there is a delay of 400 days since 18.04.2022 which period is within the extended period provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal but in no case the period of 15 days can further be extended. In this regard, the Hon ble Supreme Court, in the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited, Civil Appeal No. 6187 of 2019 decided on 14.09.2021 has held that:- 11.2 In the case of Teri Oat Estates (P) Ltd. v. U.T. Chandigarh, reported in (2004) 2 SCC 130, in paragraphs 36 37, it is observed as under: 36. We have no doubt in our mind that sympathy or sentiment by itself cannot be a ground for passing an order in relation whereto the appellants miserably 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to challenge the impugned order started w.e.f. 03.03.2022 but even if it is presumed that the Appellant was pursuing its other remedy to challenge the order of exparte itself and had remained unsuccessful till the Hon ble Supreme Court when its Civil Appeal was also dismissed on 06.04.2023 and the period of limitation is to be counted from 06.04.2023, the period of 30 days for the purpose of filing of this appeal had expired on 06.05.2023. If 15 days more are added which are prescribed under Section 61(2) proviso then the period of 45 days would have expired on 21.05.2023 whereas the present appeal has been filed on 22.05.2023, even after the expiry of period of 15 days as well which cannot be condoned in any manner in view of the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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