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2017 (11) TMI 2033 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , NEW DELHICondonation of delay in filing appeal - Transfer petition - to be treated as an application under Section 9 of the IBC in view of pendency of case under Section 11 of the Arbitration and Conciliation Act, 1996 - HELD THAT:- It is found that there being defect the appeal was taken back and after removal of defects if was filed on 7th September, 2017. If thirty days' period is calculated, it comes to 12th August, 2017 and fifteen days thereafter that if allowed, the appeal should have been filed by 27th August, 2017. However, 27th August, 2017 being holiday at best the appeal could have been entertained if it would have been filed by 28th August - after removal of the defects the appeal was filed on 7th September, 2017. As the appeal has been filed beyond the period of forty-five days i.e. thirty days of filing and further fifteen days' period, this Appellate Tribunal could have allowed, thus, this Appellate Tribunal has no jurisdiction to condone the delay. The petition for condonation of delay is accordingly rejected - the appeal is dismissed being barred by limitation.
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