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2020 (9) TMI 1268 - AT - Companies LawCondonation of delay of 338 days in filing appeal - defects pointed out by the Registry, are not removed within the 7 days period as prescribed under the Rule, 26 of the National Company Law Appellate Rules, 2016 - HELD THAT:- Admittedly, the Impugned Order was passed by the Tribunal on 27.05.2019 certified copy of the Order was delivered on 10.07.2019. As per Section 421 of the Act. The Appellant was required to file the Appeal within 45 days i.e. till 24.08.2019. However, the Appellant has filed the Appeal on 28.08.2019 i.e. beyond the period of Limitation. The Office after scrutiny of the Memo of Appeal intimated the defect to the Appellant on 01.10.2019 and on the same day the Memo of Appeal was returned to the Appellant. The Appellant was supposed to cure the defects within 7 days and has to file the Appeal on or before the 08.10.2019. However, the Appellant has refiled the Appeal on 28.07.2020 i.e. a delay of 338 days. It is pertinent to note that if the defects pointed out by the Registry, are not removed within the 7 days period as prescribed under the Rule, 26 of the National Company Law Appellate Rules, 2016. The Appeal is treated to be a fresh Appeal and in such a situation, this Appellate Tribunal cannot condone the delay beyond 45 days. This Tribunal cannot condone the delay beyond 45 days. Thus, the Application for condonation of delay of 338 days is dismissed.
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