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2023 (8) TMI 1432 - AT - Companies LawCondonation of delay in refiling of the appeal - Sufficient reasons for delay or not - whether condonation has to be allowed only after assigning sufficient cause to the satisfaction of the Court? - HELD THAT:- The answer to the above question is no longer res integra in view of the Five Judge Bench decision of this Tribunal rendered in V.R.Ashok Rao [2022 (9) TMI 219 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI] in which one of the question was "Whether the limitation prescribed for filing an appeal before this Appellate Tribunal under Section 61 of the Insolvency and Bankruptcy Code, 2016 or Section 421 of the Companies act, 2013 shall also govern the period under which a defect in the Appeal is to be cured and this Appellate Tribunal shall have no jurisdiction to condone the delay in refiling/re- presentation if it is beyond the limitation prescribed in Section 61 of the IBC or Section 421 of the Companies Act, 2013." - it was held by the Tribunal that The limitation prescribed in filing an appeal under Section 61 of the Code or Section 421 of the Companies Act, 2013 shall not govern the period taken in an appeal for removal of the defects in refiling/re-presentation. Even if, there is a delay in refiling/ re-presentation which is more than the period of limitation prescribed for filing an appeal under section 61 of the Code and Section 421 of the Companies Act, 2013, the same can be condoned on sufficient justification. Thus, one thing is settled that in application for condonation of delay in refiling of appeal, the Applicant / Appellant has to give sufficient reason for not re-filing the appeal within the time prescribed - In the present case, the appellant has been totally casual in approaching this court time and again for the purpose of re-filing inasmuch as the defects have been shown for the first time on 01.02.2022 were not cured. It is added that one of the objection was with regard to the cause title namely, Cause title is defective in whole appeal paper book write, "2022 instead of 2021". Even this was not corrected by the Appellant which speaks volumes about their act and conduct and disentitles them from seeking condonation of delay in the present application. There is no sufficient cause assigned by the Appellant for the purpose of condonation of delay in re-filing of the appeal. Consequently, the application is hereby dismissed.
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