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TMI Blog2024 (2) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 days, it is within time. HELD THAT:- On looking into the order of the Hon ble Supreme Court passed in HIMANSHU BATTISH ANR VERSUS TODAY HOMES NOIDA PRIVATE LIMITED ANR. [ 2023 (7) TMI 1370 - SC ORDER] , last line of the order mentions the period from the date of filing of the special leave petitions till today would stand excluded for the purposes of filing of the appeals. Thus what was intended by the Hon ble Supreme Court is that period during which SLP was pending before the Supreme Court, should be excluded. Hon ble Supreme Court was not pronouncing on the limitation for filing the present appeal on that date since the Appeal was not even filed and when we read the above line of the Hon ble Supreme Court it is clear that what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed: Civil Appeal No.4095/2023 It appears that inadvertently in the Order dated 20.07.2023 the order to be recorded in the present appeal was recorded in C.A. No.4096/2023 where the learned counsel for the resolution applicant (R-2) had sought time to obtain instructions. The order be corrected accordingly. Civil Appeal No.4096/2023 Civil Appeal No.4095/2023 It appears that the very basis on which the special leave petitions were tagged with C.A. No.5590/2021 in which we have reserved judgment would not apply to these cases as that is a different project. The factual debate must take place before the NCLAT on the application of the law and then would it be only appropriate for this Court to apply its mind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court. It is submitted that the 30 days period expired on 23rd December, 2021 and further period of 15 days also came to an end on 07th January, 2022. It is submitted that liberty granted by the Hon ble Supreme Court to file the Appeal was within time that is prescribed within Section 61 of the IBC, 2016. Learned Counsel for the Appellant has also referred to order of this Tribunal dated 23rd December, 2023. Learned Counsel for the Respondent further submits that Appellant has also filed an application for clarification of the order dated 26th July, 2023 which clarification application has also been dismissed on 01st December, 2023. 8. We have considered the submissions of Learned Counsel for the parties and have perused the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation for filing the present appeal on that date since the Appeal was not even filed and when we read the above line of the Hon ble Supreme Court it is clear that what was permitted was exclusion of the period during which the said SLP was pending. Even after exclusion of the said period, the present Appeal is filed beyond 15 days after expiry of the limitation and further clarification application which was filed by the Appellant has also been dismissed on 01.12.2023 by the Hon ble Supreme Court. 12. We thus are of the view that delay in filing the Appeal cannot be condoned which is beyond condonable period as provided under Section 61(2) of the Code. The appeal has been filed beyond 15 days after expiry of limitation, the appeal cann ..... X X X X Extracts X X X X X X X X Extracts X X X X
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