Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 1146 - AT - Insolvency and BankruptcySeeking to condone the delay of 17 days in preferring the instant Appeal - Rule of Construction - HELD THAT:- It is latently and patently quite clear that the period of Limitation as per Order of this Tribunal dated 21.10.2022, shall be calculated from the presentation of the Appeal, in the instant case, the Appeal, having been presented by the Appellant, (submission of Appeal papers, through physical mode (on 12.12.2022), on the 47th day, which is beyond the 45 days (30 + 15 days), clearly barred by Limitation - the further delay of 2 days, after 45 days, is beyond a period of Limitation (30 + 15 days), which cannot be condoned, by this Appellate Tribunal, and in this regard, this Tribunal has no power to excuse the same. This Tribunal, on a careful consideration of divergent contentions advanced on either side, and also taking into account of the facts and circumstances of the present case in an encircling manner, comes to a consequent conclusion that the instant Comp. App (AT) (CH) (INS.) No. 13 of 2023, is barred by time, and further that the IA No. 34 of 2023 in CA (AT) (CH) (INS. No.) 13 of 2023, seeking to condone the delay of 14 days, in filing the instant Appeal, is per se, not maintainable, and the delay in question, is not a condonable one. Application dismissed.
|