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2023 (3) TMI 591 - AT - Insolvency and BankruptcySeeking approval of Resolution Plan - claim filed by the Appellant cannot be considered at this stage and the same was not entertained - stand of the Petitioner/Appellant is that due to the second waive of COVID 2019, the Petitioner/Appellant could filed an application against the rejection of the claim and on 11.05.2021, the Petitioner/Appellant had inadvertently filed the above before the Adjudicating Authority/Tribunal, against the rejection of the claim by the Resolution Professional. HELD THAT:- The ingredients of Section 61(1) and (2) of the Insolvency and Bankruptcy Code, in person being aggrieved in respect of order passed by the Adjudicating Authority is to prefer an Appeal before this Appellate Tribunal within 30 days and this means from the date of pronouncement of the concerned orders. However, in the instant Case, admittedly according to the Petitioner/Appellant, the Petitioner seeks to condone delay of 289 days from 10.03.2022 till 23.12.2022 in preferring the instant Company Appeal and also seeks for an exclusion of 302 days between 11.05.2021 [Period between filing of application IA/262/2021] till 09.03.2022 (date of disposal of the Application by the Adjudicating Authority]. Rule 150(3) of the NCLT Rules, enjoins that a certified copy of every order passed by the Tribunal shall be given to the parties etc. In view of the clear-cut position of Section 61(1) of the Insolvency and Bankruptcy Code coupled with 150 of the NLCT Rules, this Tribunal is of the considered opinion that the delay of 289 days as afforded by the Petitioner/Appellant from 10.03.2022 to 23.12.2022 in filing the instant Company Appeal cannot be condoned as there is no power to enjoin upon this Appellate Tribunal to condone not even a single day beyond the condonable period prescribed as per Section 61 of the Insolvency and Bankruptcy Code, 2016. Application dismissed.
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