Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 547 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAISeeking Condonation of Delay of 14 days in filing of the Appeal - It is also averred in the Application that the delay has been caused as the Applicant had to collect relevant papers from various Regional Offices - HELD THAT:- In the present case, the Appellant, a Government agency, allegedly not a party to the litigation, came to know about the Impugned Order on the very next date i.e., 04.02.2023 and was having about 28 days for the purpose of collecting the relevant information to file the Appeal in terms of Section 61(2) but the Appeal was not filed within that statutory period rather 14 more days were spent in filing the Appeal and the same has been filed on the last day provided in the proviso to Section 61(2) and a request thus has been made for Condonation of Delay - No doubt, that this Tribunal has the jurisdiction to Condone the Delay but the said jurisdiction has to be exercised only if it is satisfied that there was a sufficient cause for not filing the Appeal in time. It is really strange that the agency of the Government failed to seek the required information within the period of 30 days which is otherwise available now on the website of each Department but the Appellant has shown total laxity in pursuing this matter in time and had allowed the statutory period of 30 days to expire and filed the Application for Condonation of Delay along with the Appeal on the 15th day which is the last day provided in terms of Section 61(2) proviso - There are no sufficient cause for the purpose of Condonation of Delay of 14 days in filing the Appeal and hence the Application is hereby dismissed.
|