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2023 (9) TMI 1431 - AT - Insolvency and BankruptcyCondonation of delay of 12 days in filing appeal - sufficient cause for delay or not - HELD THAT:- The Appellant has to give sufficient cause in the Application which should inspire confidence in the Appellate Authority to condone the delay for not reaching the Appellate Authority within the prescribed period. In this regard, it would be relevant to refer to the averments made in the Application in which the Appellant has not stated as to how and why the delay has occurred in not filing the Appeal within the prescribed period of 30 days from the date of pronouncement of the Order dated 31st March, 2023 - As a matter of fact, the reason much less sufficient, for the purpose of condonation of delay is conspicuous by its absence, in the entire application. Therefore, there is nothing for this Tribunal to appreciate about the sufficient cause for not approaching the Appellate Authority within the time prescribed or even thereafter within the window of 15 days. The period of 15 days cannot be extended and the Appellate Tribunal does not have jurisdiction to consider and condone the delay beyond the period of 15 days and in case the Appellate Authority is satisfied that there has been a sufficient cause for not filing the Appeal within the time prescribed or within the extended period, it can condone the delay and hear the matter on merits. Therefore, sufficient cause is the heart and soul of the application for condonation of delay which is totally missing in this Application. The law is very strict so far as the proceedings under the Insolvency and Bankruptcy Code, 2016 is concerned as has been held by Hon'ble Supreme Court in the case of NATIONAL SPOT EXCHANGE LIMITED VERSUS MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED [2021 (9) TMI 1156 - SUPREME COURT] in which it has been held that after the expiry of 15 days, the limitation cannot even be condoned under Article 142 of the Constitution of India. Having said that, in the absence of any averment made in the application for condonation of delay in regard to sufficient cause, we do not find any reason to condone the delay and the Application is thus hereby dismissed. Application dismissed.
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