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2022 (10) TMI 810 - AT - Insolvency and BankruptcyCondonation of delay in filing appeal - Appeal not filed within stipulated period of 30 days - Section 61 (2) of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- Section 421 (3) of the Companies Act, 2013 provides that Every Appeal under Sub-Section (1) shall be filed within a period of forty-five days from the date on which a copy of the Order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed. However, a mere running of the eye of the ingredients of Section 61 (2) of the Insolvency & Bankruptcy Code, 2016, unerringly exhibits that the said Section is conspicuously silent about the words, a copy of the order is made available to the person aggrieved, etc. Considering the fact that the instant appeal was filed by the Appellant before this Tribunal on 09.09.2022 and this Tribunal bearing in mind that the outer limit of 45 Days (30 + 15) came to an end on 05.09.2022 and admittedly, as such, the instant appeal is clearly barred by time. Appeal dismissed being not maintainable.
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