9911796707
TMI Blog2025 (3) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... no delay in filing of the Appeal. However, it is to be noted that the defects have to be cured within a period of 7 days as per Rule 26 of the National Company Law Appellate Tribunal Rules, 2016. But in this case, it has not been done repeatedly and the cumulative delay in refiling is 233 days. Furthermore, same defects were being notified again and again and the Appellant has allowed the Appeal to remain defective for a very long time with the Registry. The Appellant has been callous in not correcting the defects pointed out by the NCLAT registry in a timely manner. The grounds taken by the Appellant giving health reasons of the Appellant do not correlate with the reality in the present case. The grounds taken by the Appellant giving he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed in I.A. No. 8804 of 2024 is being addressed. Initially, the Appellant had filed I.A. No. 8804 of 2024 for the delay in condonation. Later on, Additional Affidavit in support of the condonation of delay has been filed on 18.03.2025 in the same I.A. No. 8804 of 2024. 3. Learned Counsels for both sides were heard and perused all materials on record. Both the affidavits filed in support of the condonation of delay application have been gone through. 4. It is contended by the Appellant that on 24.01.2024, the impugned order was passed by National Company Law Tribunal, Mumbai Bench in Company Petition (CP) (IB) (MB) No.80 of 2020. The present Company Appeal (AT) (Insolvency) No. 2349 of 2024 was filed by the Appellant on 22.02.2024, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment of this Tribunal and compliance of the same on the part of the advocate on the record. Further, the same also occurred as the Appellant herein was not able to follow up with the office of his advocate due to his old age, ailments and constant health issues. The Appellant states that the delay of 244 days was neither intentional nor deliberate and solely occurred for the reasons aforesaid. Further, he has not made any wrongful gains by not refiling the above appeal within the time with this Hon'ble Tribunal. 7. Further to strengthen the condonation of delay he has filed explanation for delay an additional affidavit from para 5 to 37 which are not being reproduced for reasons of brevity. The summary of his explanation for delay is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedure and practice at NCLAT. 38.3. It is submitted that the Advocate on record acted bonafide and on most occasions has removed/cured the defects immediately and/or within a reasonable time. It is only on few occasions the time was taken for various reasons not attributable to the Advocate on record. 38.4. Appellant has a very strong case on merits and bonafide seeks indulgence of the Tribunal to condone the delay and hearing of the said Appeal on merits. 38.5. Appellant states and submits that all its actions and acts of its Advocate on record are bonafide and sufficient cause and explanation has been provided for the said delay. 38.6. It is stated that Appellant did not stand to benefit from not removing/curing the defects as he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with defects, which was not done in this case. 10. The Appeal being filed on 22.02.2024 through e-filing, which was within the 30 days from the impugned order dated 24.01.2024, was filed within limitation period and there is no delay in filing of the Appeal. However, it is to be noted that the defects have to be cured within a period of 7 days as per Rule 26 of the National Company Law Appellate Tribunal Rules, 2016. But in this case, it has not been done repeatedly and the cumulative delay in refiling is 233 days. Furthermore, same defects were being notified again and again and the Appellant has allowed the Appeal to remain defective for a very long time with the Registry. We find that the Appellant has been callous in not correcting the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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