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2022 (9) TMI 223 - AT - Insolvency and BankruptcyCondonation of delay in filing appeal - power to condone delay - contention of the Learned Counsel for the Applicant / Appellant is that this Appellate Tribunal has the requisite power to condone the delay of 1027 days in preferring the instant appeal before this Tribunal - HELD THAT:- This Appellate Tribunal takes note of the primordial fact that the ingredients of Section 61 (1) of the Insolvency & Bankruptcy Code, 2016 enjoins that every Appeal as per Section 61 (1) of the Insolvency & Bankruptcy Code, 2016 shall be filed within 30 days before the National Company Appellate Tribunal and thereafter the Appellate Tribunal may allow an Appeal to be preferred after the expiry of 30 days, only after if it was substantially satisfied, if sufficient cause for not filing the plea in subject period, shall not exceed 45 days. This Tribunal pertinently points out that Section 61 of the Insolvency & Bankruptcy Code, 2016 is a Hard Taskmaster. The time limit and the procedural wrangle cannot be allowed to be shaked or shackled with by a Litigant. No doubt, the Appellate Tribunal at the time of dealing with the Condone Delay Application is not required to go into the merits of the case, and in short, merits of the case should not an issue in an Application filed by the concerned Applicant for condoning the delay in preferring such Application. Admittedly, in the instant case, the present Comp App is preferred beyond 45 days (30 + 15) period, prescribed under the Insolvency & Bankruptcy Code, 2016. In reality, there has occasioned a delay of 1027 days in preferring the instant Comp App (AT)(CH)(Ins) No.209/2022, which in the considered opinion of this Tribunal is not to be condoned, as there is no power enjoined upon the Appellate Authority (National Company Law Appellate Tribunal) to condone the delay beyond the prescribed period, enunciated under the Insolvency & Bankruptcy Code, 2016. Appeal dismissed.
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