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TMI Blog2023 (8) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... directed against the order dated 17th March, 2021 passed by the 'Competition Commission of India' (for short 'The Commission') under Section 27 of the Competition Act, 2002 (for short 'The Act') in Case No.90 of 2016. 2. The Appeal was filed on 24.01.2022. The Registry of this Tribunal scrutinised the defects in the appeal on 01.02.2022 and intimated the defects to the Appellant on the same day and returned the memo of appeal on 07.02.2022. At the first instance, as many as 10(ten) defects were pointed out by the Registry and intimated to Rajesh Kumar Bharti. The defect sheets prepared by the Registry on 01.02.2022 is reproduced as under: 3. Thereafter, according to the Appellant the Appeal was re-filed on 24.05.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance. (4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the appeal or pleading or document." 6. Rule 26(2) provides that after the memo of appeal is retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant re-filed the Memo of Appeal with a delay of 233 days, hence, the case may be placed before the Hon'ble Bench for appropriate orders. 5. List the case before the Hon'ble Bench under the heading 'for admission with defect (fresh case).". 8. The Registrar found that there was 223 days' delay in re-filing the appeal and that it would be expedient to list the memorandum of appeal before the bench for an appropriate order as to whether, in the given facts and circumstances of the case, the delay in re-filing can be condoned or not? 9. Apropos, the Appeal was listed before the court. The Appellant filed an application bearing IA No. 3685 of 2022 for condonation of delay in which he has assigned a reason for not re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Applicant/Appellant has argued that though there is a delay in refiling but it was occurred because of the reason that one of the counsel, namely, Rohit Arora was taken into custody on 27.05.2022 i.e. after the appeal was re-filed on 24.05.2022 and after his released on 02.06.2022, the Appeal could be re-filed on 13.06.2022 and therefore, the delay deserves to be condoned. 12. On the other hand, counsel for the Respondent has submitted that there has been a continuous default on the part of the Appellant in refiling of the appeal which was first returned after the defects were noticed on 01.02.2022. The period of seven days provided in Section 26(2) for the purpose of re-filing had expired because the appellant took about more tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion was "Whether the limitation prescribed for filing an appeal before this Appellate Tribunal under Section 61 of the Insolvency and Bankruptcy Code, 2016 or Section 421 of the Companies act, 2013 shall also govern the period under which a defect in the Appeal is to be cured and this Appellate Tribunal shall have no jurisdiction to condone the delay in refiling/re- presentation if it is beyond the limitation prescribed in Section 61 of the IBC or Section 421 of the Companies Act, 2013." 16. This question has been answered by the Tribunal which is reproduced as under: "The limitation prescribed in filing an appeal under Section 61 of the Code or Section 421 of the Companies Act, 2013 shall not govern the period taken in an appeal for r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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