9911796707
TMI Blog2024 (1) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellant would have obtained the certified copy of the order and filed the same without any further delay. An application for exemption in filing certified copy is to be filed where there is no time in filing appeal. Once an appeal is filed, it is expected that immediately thereafter certified copy will be filed - However, in the present case till date certified copy of the impugned order has not been brought on record. The fact remains that appeal has been preferred under Section 421 of the Companies Act, 2013 against an order dated 13.06.2023 passed by National Company Law Tribunal, New Delhi (herein after referred to as NCLT) whereby an application filed by the Appellant on the point of maintainability was rejected. The order f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as filed for condonation of delay in re-filing. Fact remains that earlier since there was delay of 39 days i.e. for more than 30 days, the Ld. Registrar of this Tribunal, by its order dated 15.09.2023, has placed this appeal before the Bench for considering the condonation of delay application. Thereafter, on 18.09.2023, when appeal was taken up it was submitted by one Mr. Vivek Kumar, Ld. Counsel that only yesterday he had received brief from his client. He further informed that his client had taken over the brief from the previous Counsel and as such he sought permission to file fresh Vakalatnama. He was permitted to file fresh Vakalatnama within one week and thereafter it was directed to list the appeal for today i.e. 04.10.2023. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereafter firstly on15.09.2023 the matter was placed before the Ld. Registrar for condoning delay in re-filing and again the appeal was listed before the Bench and on 18.09.2023. The conduct of the Appellant shows that he had earlier taken brief from his Counsel and requested another Counsel to appear. This was the reason that one Mr. Vivek Kumar, Ld. Counsel had appeared on last date and requested for short time for filing fresh Vakalatnama and again the same appellant has authorized the same Counsel for appearing that too without filing of the certified copy of the impugned order. Though at this stage in absence of certified copy of the impugned order we are not required to examine the merit of the case, however the fact remains tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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