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TMI Blog2025 (3) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... s been filed by the Appellant along with additional-affidavit. Whether the appeal is filed within condonable period of 15 days or appeal has been filed beyond 15 days? - HELD THAT:- It is settled law that jurisdiction to condone the delay vested in this Tribunal is only 15 days as per Section 61(2) proviso. The order was delivered on 01.10.2024. As per Rule 3 of the NCLAT Rules, 2016, the day from which the said period reckoned shall be excluded. Thus, 01.10.2024 has to be excluded - For computing the 30 days' period, if the last day expires on a day when the office of the Tribunal is closed, that day and any succeeding day on which the Appellate Tribunal remains closed shall also be excluded. After excluding 01.10.2024 from computation, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Genuiness of medical document which has been filed by the Appellant along with additional-affidavit - HELD THAT:- TThe said medical certificate has no bearing in the present case since delay of 15 days has to be explained by the appellant after expiry of period. Appellant in his application for condonation as well as in additional affidavit has pleaded that he has approached his counsel on 10.11.2024 and gave instructions. The delay in filing the appeal is within condonable period as noted above. It is further to be noted that Appellant claims to be vegetable vendor who has pleaded that he is not familiar with legal procedure. Conclusion - There is sufficient cause for condonation of delay which is within condonable period. Delay condo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eaded that as per Rule 3 of the NCLAT Rules, 2016, the day on which the judgment is pronounced to be excluded, hence, the appeal filed on 15.11.2024 is within condonable period. 3. Counsel for the Respondent filed a reply to the application as well as additional-affidavit in reply. The case of the Respondent is that Appeal has been filed on 46th day, hence, Appeal has been filed beyond condonable period and delay condonation application deserves to be rejected. It is pleaded that the delay cannot exceed the statutory outer limit of 15 days. Additional affidavit in reply-affidavit further pleads that applicant/appellant has made incorrect statement that he became aware of the order through e-mail dated 23.10.2024. Details were communicated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and any succeeding day on which the Appellate Tribunal remains closed shall also be excluded. After excluding 01.10.2024 from computation, limitation of 30 days was expiring on 31.10.2024. From 30.10.2024 to 03.11.2024, it was holidays both for the Court as well as the Registry (Diwali Holidays). We in our judgment in Company Appeal (AT) (Insolvency) No.1862 of 2024- "BSE Limited vs. Mrudula Brodie & Ors." delivered on 21.02.2025 has held that for computing 30 days' period, if 30th day is fallen on holiday, the said period also need to be excluded. In the present case, 03.11.2024 being holiday for office also, the last day of limitation for filing the appeal on 04.11.2024. Appeal admittedly has been filed on 15.11.2024, hence, while comput ..... X X X X Extracts X X X X X X X X Extracts X X X X
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