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2023 (3) TMI 803 - AT - Insolvency and BankruptcyCondonation of 55 days delay in filing the Appeal - delay due to health problems - HELD THAT:- The power to condone delay vested in this Tribunal under Section 61 (2) proviso is only 15 days. The judgment of this Tribunal in Chennai Bench in M. K. Resely & Ors. vs. Union Bank of India & Ors [2022 (11) TMI 1155 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI] which has been relied by the Appellant in support of his submission is needed consideration. In the said case, this Tribunal relying on Section 14 of the Limitation Act has granted exclusion of the period from 25.01.2022 to 22.06.2022, during which period the Appellant of that case had indulged in bonafide litigious activity in preferring the Writ Petition No. 2832/2022 and Writ Appeal No. 537 of 2022 before the High Court of Kerala. The grounds as given in the application does not give any satisfactory cause for condonation of delay, which is beyond 15 days. The judgment of Chennai Bench of this Tribunal relied by the Appellant in M. K. Resely & Ors. vs. Union Bank of India & Ors. has no application in the facts of the present case. This application which prays of condonation of delay of 55 days cannot be accepted - COD application dismissed. Present is not a case where the Appellant is claiming any benefit of Section 14 of the Limitation Act. Appellant in the application has taken the ground that he received the impugned order dated 07.09.2022 on 24.11.2022 and the same was prepared by the registry on 16.11.2022 and due to health problems of the Appellant, the appellant could not provide the required documents and annexures.
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