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2024 (12) TMI 412

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..... tion 61(2) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- By order dated 29.04.2024, while issuing notice, it was recorded that 29.07.2023 was a gazetted holiday and 30.07.2023 was a Sunday and the appeal was preferred on 31.07.2023. It is also brought to notice that the appellant, Bhupendra Jivrajbhai Surani, had applied for a certified copy of the judgment/order dated 14.06.2023 on 27 .....

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..... HON'BLE THE CHIEF JUSTICE SANJIV KHANNA And HON'BLE MR. JUSTICE SANJAY KUMAR For the Appellant : Mr. Santosh Paul, Sr. Adv. Mr. Mohit Bidhuri, Adv. Dr. Linto K.B., AOR ORDER The respondent, Sanika Assets Management and Investments Pvt. Ltd., as per the affidavit of service and the office report, has been served. However, none has entered appearance on its behalf. The respondent is, theref .....

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..... ich has to be excluded for computation of limitation would be 5 days. This being correct, the period of delay in the filing of the appeal would be about 12 days, which is within the condonable limit of 15 days. We must also record that the error made in the impugned judgment passed by the NCLAT, as is apparent, had arisen on account of the fact that in the application for condonation of delay, the .....

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