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2021 (3) TMI 1445 - AT - Insolvency and BankruptcyCondonation of delay of four days in filing appeal - sufficient cause for filing the Appeal in time or not - Appellant claims and it has been argued that no free copy of the Order dated 08th May, 2019 was received by the Appellant or the Corporate Debtor - HELD THAT:- The argument that free copy was not served on the Appellant is not relevant. IBC does not have provision to serve free copies. Even if one is to rely on Section 421 (3) of the Companies Act, 2013, there is Judgment in the matter of Sagufa Ahmad and Ors. Vs. Upper Assan Plywood Products Pvt. Ltd. [2020 (9) TMI 713 - SUPREME COURT] passed by the Hon’ble Supreme Court of India which would be relevant. If the Appellant did not rely on supply of free copy and applied for certified copy and filed Appeal based on certified copy then the Appellant cannot rely on Section 421 (3) of the Companies Act, 2013, to count limitation. Under Section 61 of IBC, the appeal has to be filed within 30 days. This Tribunal may allow an appeal to be filed after the expiry of said period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal in time but such period shall not exceed 15 days. Thus the period of appeal is 30 days and the delay which this Tribunal can condone is only of 15 days over and above the period of appeal. For reasons discussed above, even if limitation was to be counted from 07th June, 2019 as mentioned, the appeal filed on 13.08.2019 must be said to be barred by limitation as it was not filed within 30 days plus 15 days of knowledge. The Application to condone the delay is rejected. The Appeal being time barred, the same is rejected.
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