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2022 (8) TMI 1320 - AT - Insolvency and BankruptcyTime limit provided from the date of the certified copy of the Order, to file appeal - HELD THAT:- Under Section 61 (2) of the Code, the period provided for filing the Appeal is 30 days from the date of Order. The Appellant is entitled to exclude the period for which certified copy was under preparation. Certified Copy was applied on 08th June, 2022 and delivered on 09th June, 2022 hence two days period is entitled to be excluded in computing the limitation. 13th May, 2022 was the date on which Order was passed by the Adjudicating Authority hence Appellant has time to file the Appeal till 12th June, 2022 and further he is entitled for extension of two days limitation i.e. up 14th June, 2022 and this Tribunal has power to condone the delay of only 15 days, the delay in the present Appeal is more than 15 days hence we are unable to condone the delay. Hon'ble Supreme Court was considering the case of "Sagufa Ahmed Vs. Upper Assam Plywood Productions (P) Ltd. [2020 (9) TMI 713 - SUPREME COURT], and those observations were with regard to the said case and in so far as the limitation under Section 61, paragraph 33 and 35 are very clear. It has been noticed in paragraph 33 that Section 61(1) and 61(2) omit the requirement of limitation being computed when the "Order is made available to the aggrieved party", the change in statutory provision of Section 421 of the Companies Act and 61 has been clearly noticed and in paragraph 35 it has held that period will expire after 30 days from the date of order. This Appeal is clearly barred by time - Appeal is dismissed as barred by time.
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