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2021 (9) TMI 986 - AT - Insolvency and BankruptcyCondonation of delay of 12 days in filing appeal - seeking extension of limitation period prescribed under law - Section 61 of the IBC - HELD THAT:- The impugned order is pronounced on 03.02.2020. In view of the provisions under Section 61 of the IBC as per prescribed period the Appeal was required to be filed within 30 days till 04.03.2020. However, the Appeal was filed on 29.12.2020 i.e. after a delay of 299 days. As per proviso to sub-Section (2) of Section 61 of the IBC, this Tribunal may condone the delay for a period not exceeding 15 days. Ld. Counsel for the Appellant has taken shelter of the order passed by the Hon’ble Supreme court in India in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2020 (5) TMI 418 - SC ORDER] extended the limitation period prescribed under law. Admittedly, the MOU which alleged to be forged and fabricated document did not form the basis of any adjudication. Therefore, Ld. Adjudicating Authority has rightly held that the provisions of Section 340 of the Cr.P.C are not attracted in the facts of this case - there are no flaw in this finding. The Appeal is dismissed as barred by limitation as well as on merits.
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