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TMI Blog2024 (1) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... para 3 the appellant has stated that the certified copy of the impugned order was applied for on 31.10.2022 and thereafter the certified copy of the impugned order was made available on 2.11.2022. The reasons for delay in filing the appeal has been explained as if the appellant was travelling and was out of station from 24th October, 2022 to 18.11.2022, whereas the impugned order reflects that the certified copy was applied for on 02.11.2022 and it was made available to the appellant on 03.11.2022. Meaning thereby that the facts disclosed in condonation of delay application is erroneous and contrary to the record. Moreover the reason assigned that the appellant was travelling and was out of station is also not a sufficient reason to persuad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he parties may address the court on Interlocutory application which has been filed for condonation of delay in filing the appeal. Since we are considering the condonation of delay application, there is no need to go into the merit of the case. However, summarily it can be recorded that appeal was filed against an order dated 21.10.2022 passed by the learned NCLT, Mumbai Bench, Court I. By the said order the learned NCLT had rejected MA No.1705/2019 which was filed in CP No.277/MB/2018. The CP No.277/2018 was filed by Union of India mainly after noticing the fact that fraud was committed by a company which was virtually controlled by one Mr. Neerav Modi and one another company. The fact remain that it was alleged that more than Rs.11000 cror ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court on merit and order was reserved. The fact that the appeal was not ripe for hearing since the delay in filing the appeal was not condoned was not noticed by this Bench. Only when the order was being dictated it was noticed that condonation of delay application was not allowed and as such the appeal was directed to be listed on the question of condonation of delay. Before proceeding it would be appropriate to reproduce the IA No.596/2023 which has been filed for condonation of delay in filing the appeal. Same is reproduced as follows:- "1. The appellant herein has filed the accompanying appeal under Section 421 of the Companies Act, 2013 arising out of order dated 21st October, 2022 passed under Section (s) 241 -242 of the Companies A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay has occurred not on account of any deliberate act, omission or negligence on the part of the appellant but because the impugned order was passed just before the Diwali Vacation and the appellant was travelling and was out of station from 24th October, 2022 to 18th November. It therefore took time for the appellant to co-ordinate with her lawyers and finalise the appeal due to the intervening holidays. 6. It is prayed that the delay of 42 days may kindly be condoned in the interest of justice. The appellatns submitted that the delay is unintentional and has been caused due to reasons beyond their control. It is therefore in the interest of justice that the delay is condoned and the appeal is heard and decided on merits otherwise the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of station is also not a sufficient reason to persuade us to act upon such reason in condoning the delay in filing the appeal. Normally if delay is occurred in filing an appeal it is expected that the appellant may explain the delay on day to day basis. However, in the present case neither specific reason has been assigned nor correct statement has been made. In such situation as well as in the absence of showing any plausible reason which prevented the appellant to file appeal within time, we have no option but to reject the application for condonation of delay. Accordingly, IA No.596/2023 stands dismissed. Consequently the appeal too is dismissed. We may record that we have not dealt with in any manner on the merit of the case. The cond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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