2023 (9) TMI 193 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI

Condonation of delay of 14 days in preferring appeal - Section 61(1) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Admittedly in the instant case, the ‘Appeal’, came to be filed on 15.06.2023, through e-portal of the ‘Office of the Registry, National Company Law Appellate Tribunal, Chennai Bench’. To put it succinctly, the instant ‘Appeal’, came to be filed after delay of 30 days, but not acceding (30 + 15 = 45 days) and exactly it was filed on 44th day, which is well within the condonable period, as per Section 61(2) of the Insolvency and Bankruptcy Code, 2016.

In view of the fact that the ‘Petitioners’/‘Appellants’ have come out with reasons, to the effect, that the ‘Petitioners’/‘Appellants’ are in Kerala and it took some time for collating and preparing the documents and that apart, it took some time to procure the legible copy of the same etc., this ‘Tribunal’, by taking a pragmatic, purposeful and rational and meaningful approach and adopting a hyper-technical view, condones the `Delay of 14 days’, and furtherance to `Substantial Cause of Justice’. No costs.