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2023 (9) TMI 193

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..... hennai Bench . To put it succinctly, the instant Appeal , came to be filed after delay of 30 days, but not acceding (30 + 15 = 45 days) and exactly it was filed on 44th day, which is well within the condonable period, as per Section 61(2) of the Insolvency and Bankruptcy Code, 2016. In view of the fact that the Petitioners / Appellants have come out with reasons, to the effect, that the Petitioners / Appellants are in Kerala and it took some time for collating and preparing the documents and that apart, it took some time to procure the legible copy of the same etc., this Tribunal , by taking a pragmatic, purposeful and rational and meaningful approach and adopting a hyper-technical view, condones the `Delay of 14 days , and further .....

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..... n that has occurred in the matter is neither wilful nor wanton , but due to the aforesaid reason. To be noted, that as per Section 61(1) of the Insolvency and Bankruptcy Code, 2016, every Appeal , is to be preferred within 30 days from the date of Order, being passed by the Adjudicating Authority / Tribunal and this `Tribunal , if satisfied, that there was sufficient cause for not filing the Appeal , but such period shall not exceed 15 days, in that event, the Appellate Tribunal , can condone the `Delay in Question , after getting subjectively satisfied, as to the reasons ascribed on behalf of the Petitioners / Appellants . Admittedly in the instant case, the Appeal , came to be filed on 15.06.2023, through e-portal of .....

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..... , through e-filing and the copy of the same, shall be exchanged between the Learned Counsels, well in advance, before the next date of Hearing . The Learned Counsel for the Appellant , is required to serve the Appeal Paper Book(s) / Material Papers , to the Learned Counsel for the Respondents, upon the E-mail address furnished by the latter Today evening by 5 p.m. itself, and the Learned Counsel for the Appellant shall do the needful, in supplying the copy of the material papers and furnish the same to the other side by 12 p.m. without fail. On receipt of the copy of the Reply / Response / Counter of the Respondent, it is open to the Learned Counsel for the Appellant to file Rejoinder , if any, within four days thereaf .....

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