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2021 (10) TMI 1081 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIMaintainability of appeal - appeal filed within time limitation or not - power to review is an inherent power of the Tribunal or not - HELD THAT:- The Appellant came to know of order of approval of Resolution Plan on 17.10.2019, the maximum period of 45 days will expire on 1.12.2019. Even if an exemption for period of 11 days spent in getting certified copy of order is given, the period of limitation will expire on 14.12.2019. Thus appeal filed on 27.12.2019 is clearly time barred - Even if starting date of limitation is taken from 18.10.2019, when Respondent No. 1 filed reply to the notice dated 23.9.2019 on the online portal of Income Tax Department informing Appellant of the approval of the Resolution Plan, the maximum prescribed 45 days period of limitation would expire on 2.12.2019. After excluding 11 days period that was spent in obtaining certified copy of the order, the limitation would expire on 13.12.2019. Even then the limitation appeal filed on 27.12.2019 is time barred. The Appellant was adequately informed and well aware of the initiation of CIRP and approval of the Resolution Plan and yet he did not file any claim with the Resolution Professional. The Learned Counsel for Applicant of IA No. 909 of 2020) has, therefore, emphatically stated that since the Appellant was well aware of the initiation of CIRP much before 9.12.2019, when he applied for obtaining certified copy of the Impugned Order, therefore, the appeal is barred by limitation of time. Appeal dismissed as being time barred.
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