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2023 (10) TMI 1095 - AT - Insolvency and BankruptcySeeking condonation of delay of 3 days in preferring the Appeal - Condonation sought on the ground that the Impugned Order was passed on 11/04/2023 and the Applicant had tried to apply for the Order copy on the very same date, but was informed by the Registry that the same could be applied after the Order was uploaded - HELD THAT:- From the Report sent by Deputy Registrar of NCLT, it is clear that the Order was uploaded on 19/04/2023 and that the Appellant had applied for the Certified Copy only on 04/05/2023, which was issued to the Counsel Mr. P. Gowthaman on the very same day. Therefore, even if we take into consideration, 45 days from the date of 19/04/2023, the time lapses on 02/06/2023 and this Appeal has been preferred on 06/06/2023, and is clearly barred by limitation. Further the Hon’ble Supreme Court in the matter of ‘National Spot Exchange Limited Vs. Anil Kohli, Resolution Professional for Dunar Foods Limited’ [2021 (9) TMI 1156 - SUPREME COURT] held that as per the proviso to Section 61(2) of the Code, the Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal, but such period shall not exceed 15 days. Therefore, the Appellate Tribunal has no jurisdiction at all to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61(2) of the IB Code. This Appeal is barred by limitation and is dismissed.
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