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2023 (6) TMI 1008 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAICondonation of delay of 14 days in filing appeal - Period of Limitation specified under Section 61 (2) of the I & B Code, 2016 - HELD THAT:- In the present case, from the date of Certified Copy, being made ready Viz. 02.02.2023 and the date of filing of the instant Appeal, on 19.03.2023, the instant Appeal, came to be filed on 45th Day. The contention of the Respondent is that, the impugned order, came to be passed on 31.01.2023, by the Adjudicating Authority / Tribunal, and the time starts from 01.02.2023 and when the instant Appeal, came to be filed on 19.03.2023, the 46 Days, had elapsed, which is impermissible, because of the fact that an Appeal, is to be filed, within 45 days (30 + 15 = 45 days), being the Outer Limit, and further that, there is no provision in the I & B Code, 2016, to Condone the Delay, beyond the period of 15 days, ofcourse, after the expiry of 30 days, mentioned in Section 61 (2) of the I & B Code, 2016. As a matter of fact, the word requisite, means properly required, and it is for the Appellant, to show the necessity that no part of delay, beyond the prescribed period, is due to his Default. Taking note of the primordial fact that the Certified True Copy of the Impugned Order, was made ready by the Office of the Registry of the Adjudicating Authority, on 02.02.2023 (Impugned Order, came to be passed on 31.01.2023), and the instant Appeal, came to be filed on 19.03.2023, before the Office of the Registry, this Tribunal, comes to an inevitable, inescapable and irresistible conclusion, by excluding the time taken by the Adjudicating Authority / Tribunal, to prepare an Order, that the instant Appeal, came to be filed on 45th day (30 + 15 = 45 Days), within the Permissible Time Period, and viewed in that perspective, Condones the Delay of 15 Days (after the expiry of 30 days, vide Section 61 (2) of the Code), that has occurred, in preferring the instant Appeal, before this Tribunal, by accepting the explanation offered, on the side of the Petitioner / Appellant. Petition allowed.
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