Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (12) TMI AT This

  • Login
  • Cases Cited
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2023 (12) TMI 1245 - AT - Insolvency and Bankruptcy


Issues Involved:
1. Condonation of delay in filing the appeal.
2. Condonation of delay in refiling the appeal.

Summary:

Issue 1: Condonation of delay in filing the appeal
The appellant sought condonation of a 15-day delay in filing the appeal, attributing the delay to time spent in procuring relevant documents and the counsel not receiving instructions on time. The tribunal found this reason insufficient, noting that the appellant's additional affidavit also failed to provide a satisfactory explanation. The tribunal emphasized that the explanation should be a "sufficient cause" and not merely an excuse. It referenced the Supreme Court's ruling in National Spot Exchange Limited Vs. Anil Kohli, which held that delays beyond the prescribed period cannot be condoned, reinforcing that the appellant must be vigilant in filing within the prescribed time. Consequently, the application for condonation of delay was dismissed.

Issue 2: Condonation of delay in refiling the appeal
The appellant also sought condonation of a 162-day delay in refiling the appeal, again citing difficulties in procuring necessary documents. However, since the application for condonation of delay in filing the appeal was dismissed, the appeal itself was deemed not maintainable. Therefore, the application for condonation of delay in refiling became infructuous and was dismissed as well.

Conclusion:
Both applications for condonation of delay in filing and refiling the appeal were dismissed due to insufficient reasons provided by the appellant. Consequently, the appeal was not found to be duly constituted and was dismissed.

 

 

 

 

Quick Updates:Latest Updates