The case involved a petition for condonation of delay in filing ...

NCLAT ruled on delay in filing appeal. No free copy of order obtained. Law of limitation applies. Appeal dismissed.

Case Laws Insolvency and Bankruptcy

June 14, 2024

The case involved a petition for condonation of delay in filing an appeal before the NCLAT. The petitioner, a bank, did not apply for a certified copy of the impugned order within the time limitation. The NCLAT held that adherence to the I&B Code, 2016 is mandatory, and the law of limitation bars the remedy but does not extinguish the right. The tribunal emphasized that equities cannot override clear rules. The petitioner's reasons for delay, such as seeking legal advice and festivals, were deemed insufficient. The NCLAT concluded that no sufficient cause was shown for condoning the 3-day delay, leading to the dismissal of the appeal.

View Source

← Previous Next →

The case involved a petition for condonation of delay in filing ...

NCLAT ruled on delay in filing appeal. No free copy of order obtained. Law of limitation applies. Appeal dismissed.

Case Laws Insolvency and Bankruptcy

June 14, 2024

You may also like:

Power of tribunal to review application - It is the well laid down proposition of law that ‘in the absence of any power of ‘Review’ or ‘Recall’ vested with the...

Law of Limitation - Insolvency Proceedings - Apex Court's Ruling

Rule 48 of the NCLAT Rules clearly stipulates service of notice on the other side, pursuant to issuance of notice by the NCLAT in the appeal, regardless of supply of...

The NCLAT considered the applicability of time limitation for filing an appeal and whether there was sufficient cause for condonation of delay. It held that when an...

Delay in filling appeal before ITAT - Delay of 68 days involved in filing of the appeal - The Tribunal noted the substantial delay in filing the appeal and the absence...

Maintainability of appeal before NCLAT - applicability of time limitation - A sleight of interpretation of procedural rules cannot be used to defeat the substantive...

Condonation of delay – Ignorance of law is not an excuse - delay not condoned - AT

Prayer for condonation of delay in filing the Appeal - Dismissal of section 9 application - The NCLAT observed that the NCLT order clearly indicated the dates of hearing...

Condonation of delay in filling appeal before ITAT - delay of 384 days - The assessee's delay in filing appeals, ranging from 383 to 384 days, was not condoned due to...

Condonation of delay of 17 days in filing of appeal - last two days being public holidays - Power of Jurisdiction of NCLAT to condone delay - Applicability of provisions...

Initiation of CIRP - Period of limitation - NCLAT rejected the application - There was no discussion at all about the letter dated 28.09.2015. - The law as it has...

Maintainability of appeal - time limitation - No doubt there was no application seeking Condonation of delay was filed by the appellant as has been acknowledged by ld....

Initiation of CIRP - validity of condonation of delay of 1392 days in filing Section 7 Application - In the facts and circumstances of the present case, the delay of...

Delayed filing of appeal - relevant date for calculation of time limitation - from the date of pronouncement of the Judgment or from the date of uploading of the...

Appearance of authorised representative before National Company Law Appellate Tribunal - Rule 63 of NCLAT Rules, 2016 as amended

Quick Updates: