2017 (12) TMI 1871

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..... ent deserves to be set aside, and the appeal that was lodged on 8th June, 2017 must be considered to be within the extended 45 days period. The NCLAT has also noticed that no sufficient cause was made out to condone the delay that falls within the second 45 days period. This is incorrect inasmuch as the appellant has pleaded that as a result of the death of his uncle, the appellant was unable to process the appeal within the initial 45 days and that, therefore, he should be said to have made out sufficient cause to condone the delay of 42 days. Appeal allowed. - HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN AND HON'BLE MR. JUSTICE NAVIN SINHA For the Appellant : Mr. K.V. Vishwanathan, Sr. Adv. Mr. Annam D. N. Rao, AOR Mr .....

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..... ates as under:- 26. Endorsement and scrutiny of petition or appeal or document.- (1) The person in charge of the filing-counter shall immediately on receipt of appeal or document affix the date stamp of the Appellate Tribunal thereon and also on the additional copies of the index and return the acknowledgment to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. (2) If, on scrutiny, the appeal or document is found to be defective, such document shall, after notice to the party, .....

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..... ers . The Registrar may under Sub-Rule (3), for sufficient cause, then return the said appeal for rectification or amendment, as the case may be, and may allow the parties concerned such reasonable time as he may consider necessary or extend the time for compliance, as the case may be. It is only when the party fails to take any such steps for the removal of the defects within the time fixed for the same, that the Registrar may, for reasons to be recorded in writing, decline to then register the appeal. The scheme of Rule 26 would, therefore, show that the date of lodgement of a defective appeal is considered to be the date of filing of such appeal. If the defects are cured, then what must follow is the allotting of a proper appeal numbe .....

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