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2023 (7) TMI 833 - AT - Companies LawCondonation of delay of 290 days in filing appeal - HELD THAT:- A mere running on the eye over, the ingredients of Section 61(1) and Section 61(2) of the Insolvency and Bankruptcy Code, 2016, unerringly, points out that, in any event, an Appeal, cannot be preferred by an Affected/ Aggrieved Party, beyond 30+15=45 days (the outer limit period). There is no power enjoined upon the Appellate Tribunal, to Condone the Delay, of 15 days, of course, after the expiry of 30 days, from the date of passing of the Impugned Order, by an Adjudicating Authority/National Company Law Tribunal, Kochi Bench. Admittedly, in the instant case, the Impugned Order came to be passed by the Adjudicating Authority/ Tribunal, on 29/01/2021 and the Appeal, was filed by the Petitioner/ Appellant, on 15/12/2021, with a Delay, of 290 days, which is an unacceptable one. In reality, the said delay of 290 days, is not to be condoned, by virtue of the decision of the Supreme Court in the matter of V NAGARAJAN VERSUS SKS ISPAT AND POWER LTD. & ORS. [2021 (10) TMI 941 - SUPREME COURT]. Appeal dismissed.
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