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2023 (7) TMI 1363 - AT - Insolvency and BankruptcyMaintainability of application filed u/s 9 of the IBC, 2016 - Condonation of delay in filing appeal - sufficient cause for delay or not - HELD THAT:- Any person, who is aggrieved by an order of the Adjudicating Authority, has a right to appeal but for that purpose a period of 30 days has been prescribed. In case, the Appellant fails to file the appeal within the period of 30 days due to some reasons which is justifiable or constitute a sufficient cause, the appeal still can be filed within a period of 15 days but it cannot be extended any further beyond the period of 15 days in view of the Judgment of the Hon'ble Supreme Court in the case of National Spot Exchange Limited [2021 (9) TMI 1156 - SUPREME COURT]. The Appellant has given a lame excuse for not filing the appeal in time (30 days) on the ground that the person who had to file the appeal is 74 years of age but it is nowhere mentioned in the application much less the affidavit attached that he was infirm and incapable of engaging the counsel for the purpose of filing the appeal. It appears that there has been a totally causal approach of the Appellant in coming to this Court in appeal beyond the period of 30 days and without any sufficient cause. There is hardly any merit in this application which requires consideration and interference, consequently, the application is found devoid of any merit and the same is hereby dismissed.
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