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2018 (3) TMI 1939 - AT - Insolvency and BankruptcyApplication for condonation of delay in filing application - defective appeal was preferred by the Appellant after delay of more than six months on 22nd September, 2017 without any application for condonation of delay - HELD THAT:- It is found that the Appellant has not explained as to what action the Appellant had taken between 15th March, 2017 and 18th August, 2017 i.e. between the day of judgment and the day the application for certified copy was filed. As per Section 421 of the Companies Act, 2013, if an appeal is preferred under Section 421 of the Companies Act, 2013, the Appellate Tribunal counts the period of limitation from the date on which a copy of the order is made available by the Tribunal in terms of sub-section (3) of Section 421 of the Companies Act, 2013 - the appeal is required to be filed within thirty-days, means within thirty-days from the date of knowledge of the order against which appeal is preferred. In the present case, as Appellant had knowledge of the impugned order as on the date of pronouncement of the said order i.e. 15th March, 2017. It is not the case of the Appellant that its Lawyer has not informed Company Appeal (AT) (Insolvency) No. 223 of 2017 of the order passed by the Adjudicating Authority - application for condonation of delay being not satisfactory, it is fit to be rejected. Appeal dismissed.
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