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TMI Blog2023 (12) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Appellant in this Application that limitation will commence from the date when the order was uploaded does not commend in view of the settled law - Appellant s submission that he was only informed about the operative portion of the Order shall not stop the commencement of the limitation period. The Appeal has been admittedly filed on 19.10.2023 i.e. beyond the period of 45 days. The jurisdiction to condone the delay is limited to only 15 days. The Appeal having been filed beyond 15 days after expiry of the limitation, the delay cannot be condoned and Delay Condonation Application is dismissed. - [ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And Arun Baroka , Member (Technical) For the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oaded shall not stop running the limitation. He has relied on Judgment of this Tribunal in Company Appeal (AT) Ins. No. 1071 of 2023 in the matter of Raiyan Hotels and Resorts Pvt. Ltd. Vs. Unrivalled Projects Private Limited, paragraph 23 and 28 which are as follows: 23. The Hon ble Supreme Court in V. Nagarajan vs. SKS Ispat and Power Limited and Ors.- (2022) 2 SCC 244 has elaborately considered the question of all aspects of limitation for filing an Appeal under Section 61 of the IBC. In paragraph 16 of the judgment, two issues were noticed in following manner:- 16.1. (i) when will the clock for calculating the limitation period run for appeals filed under IBC; and 16.2. (ii) is the annexing of a certified copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Chandra Raj Singh vs. Dy. Land Acquisition officer [1962 (1) SCR 676] for submitting that provisions relating to limitation have to be given a liberal construction. The judgment that is relied upon by the Respondent No. 1 relates to Section 18 of the Land Acquisition Act. However, we are concerned with the limitation prescribed by Section 61 of the IBC which fell for consideration of this Court in Kalpraj Dharamshi (supra). In the said judgment, it was categorically held by this Court that an appeal against the order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by the NCLT. The Appellate Tribunal has the power to extend the period of limitation by another 15 days. In view o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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