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2023 (9) TMI 1430 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICondonation of delay of 14 days in filing appeal - sufficient reasons for delay or not - whether delay in filing the appeal has occurred due to the reason which was beyond the control of the Appellant? - HELD THAT:- On perusal of the statement made in the condonation of delay application we are satisfied that no such reason has been assigned. Moreover, once the appeal was filed belatedly, it was expected on the part of the appellant to bring on record certified copy of the order. However, in this case an exemption application has been filed. A lenient view is takenin the matter had on the first day when the main appeal was taken up, the appellant had requested for condonation of delay but to the reasons best known to the appellant consecutively on number of dates despite the fact that the appeal was taken up no submission was made that the appeal was filed belatedly. Under Section 61of the I.B. Code, for filing an appeal limitation period is prescribed as 30 days and thereafter in further 15 days if the parties are in position to satisfy the court that there was sufficient plausible reason for non filing of appeal within said period the court can condone the delay but only within extended period of 15 days. However, considering the ground set forth in the application as well as none disclosure by the Appellant to the Court regarding filing of the condonation of delay application on number of dates, it is not inclined to entertain the condonation of delay application - the condonation of delay application stands dismissed.
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