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TMI Blog2024 (10) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... ouncement of order, Sr. No. P1, CP No. (IB)219/ALD/2018 for order . It is admitted by the Appellant in the rejoinder that the order was pronounced in their presence. In such circumstances, the decision of the Hon ble Supreme Court delivered in the case of V. Nagarajan [ 2021 (10) TMI 941 - SUPREME COURT (LB)] would apply which says that limitation shall start running from the date of order whereas the case set up by the Appellant in the application is that since the impugned order was uploaded by the Tribunal on 14.03.2022, therefore, the limitation shall be counted from the said date and thus there is a delay of 10 days in filing the present appeal. In order to overcome the difficulties being faced, the Appellant has developed a new story ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [ Justice Rakesh Kumar Jain ] Member ( Judicial ) , [ Mr. Naresh Salecha ] Member ( Technical ) And [ Mr. Indevar Pandey ] Member ( Technical ) For the Appellant : Mr. Abhishek Malhotra , Ms. Subhalaxmi Sen , Advocates For the Respondent : Mr. Alok Dhir , Ms. Varsha Banerjee Mr. Kanish Khetan , Advocates ORDER Per : Justice Rakesh Kumar Jain : I.A. No. 1548 of 2022 : This application is filed seeking condonation of delay of 10 days in filing the present appeal. 2. In brief, the Appeal has been filed by the Unsuccessful Applicant (MLS LED Ltd.) whose application, bearing CP (IB) No. 219/ALD/2018, filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (in short Code ) against HQ Lamps and Manufacturing Company Pvt. Ltd. (Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of uploading the order on the website of NCLT on 14.03.2022 because the limitation is not to be counted from the date of knowledge but from the date of passing of the order as has been held by the Hon ble Supreme Court in the case of V. Nagarajan Vs. SKS Ispat Power Ltd., (2022) 2 SCC 244. 6. It is further averred in the reply that the Appellant/Applicant even did not apply for the certified copy of the impugned order, therefore, it is not entitled to seek exclusion of the period from the date of pronouncement of the order till the date of its uploading for the purpose of counting the limitation. 7. It is also averred that as per the decision of the Supreme Court, rendered in the case of Lingeswaran Etc. Vs. Thirunagalingam [Petition (s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period spent for obtaining the certified copy from 02.03.2022 to 16.03.2022 if deducted, the appeal would be within the period of 15 days which may be considered by this Tribunal for condonation of delay. 11. On the other hand, Counsel for the Respondent has submitted that the Appellant, in its anxiety, has set up various stories for the purpose of seeking condonation of delay but neither of it is believable because the only averment made in the application is that the copy of the order was uploaded on the website of the NCLT on 14.03.2022, therefore, the limitation has been counted from the said date instead of pronouncement of the order dated 02.03.2022, therefore, it is alleged in the application that there is a delay of 10 days but when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n shown as for pronouncement of order, Sr. No. P1, CP No. (IB)219/ALD/2018 for order . It is admitted by the Appellant in the rejoinder that the order was pronounced in their presence. In such circumstances, the decision of the Hon ble Supreme Court delivered in the case of V. Nagarajan (Supra) would apply which says that limitation shall start running from the date of order whereas the case set up by the Appellant in the application is that since the impugned order was uploaded by the Tribunal on 14.03.2022, therefore, the limitation shall be counted from the said date and thus there is a delay of 10 days in filing the present appeal. 14. In order to overcome the difficulties being faced, the Appellant has developed a new story in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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