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TMI Blog2023 (11) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... of condonation of delay a plausible excuse much less sufficient cause has to be made which may satisfy the conscious of the Appellate Authority. In the present case, however, the appellant has given the reason that the appeal within 30 days (prescribed period) could not be filed and also till the last day of extended period (15th day) could not be filed i.e. after considering the entire period of 45 days, because the appellant was in consultation with its Counsel and internal management with respect to the impugned order and its ramifications. The issue is as to whether both the things that is consultation with the Counsel and internal management was within the control of the appellant or beyond it. The appellant has made a totally unbe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 61 of the Insolvency and Bankruptcy Code, 2016 (for short Code ). This appeal has been filed along with an application bearing IA No. 1181 of 2023 under rule 11 read with rule 31 of the NCLAT Rules, 2016 seeking condonation of delay of 15 days. Since, it is a settled law that the appeal cannot be heard on its merit until and unless the delay in filing of the appeal is condoned, therefore, Counsel appearing on behalf of the appellant has argued the application at the first instance. Counsel appearing on behalf of the Appellant has referred to the application in which the reason given for condonation of delay is as under: The web copy of the impugned order was made available on 11.08.2023. The period of limitation ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution plan under section 31 may be filed on the following grounds, namely: (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force; (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board; (iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or (v) the resolution plan does not comply with any other criteria specified by the Board. 1[(4) An appeal aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as per the averments made in the application, the impugned order was passed on 10.08.2023. The impugned order was made available on 11.08.2023. According to the appellant the limitation of 30 days expired on 09.09.2023. However, as per the office record the appeal was filed through e-filing on 25.09.2023 at 3:58 PM i.e. on the 46th day. In case it is presumed that the appeal was filed on 46th day i.e. beyond the period of 30+15, the question would rise as to whether the delay of 46th day can be condoned by the Appellate Tribunal? In this regard reference may be had to the decision of the Hon ble Supreme Court in the case of National Spot Exchange vs. Mr. Anil Kohli RP for Dunar Foods Limited reported in SCC Online SC 716, 2021 in which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrol of the appellant or beyond it. In our considered opinion the appellant has made a totally unbelievable and lame excuse for the purposes of seeking condonation of delay which does not inspire confidence at all and shall not fall within the definition of a cause much less sufficient. Thus, looking from any angle, it is not a case in which interference is called for the purposes of condonation of delay and therefore, the application is hereby dismissed though without any order as to costs. CA (AT) (CH) (Ins) No. 389 of 2022 Since we have dismissed the application for condonation of delay by an order of even date, therefore, the present appeal is not found to be duly constituted and hence, the same is hereby dismissed. No cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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