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2020 (11) TMI 251 - AT - Companies LawCondonation of delay of 201 days filed by the Appellant/Petitioner/Transferor Company - Appellant contends that the ‘Scheme of Amalgamation’ is in the final stage of consideration and if such delay was not condoned, it would cause a significant adverse impact on the business operations of the ‘Transferor’ as well as the ‘Transferee’ Company - HELD THAT:- The Tribunal is to adopt/take lenient/liberal view of course, based on the facts and circumstances of given case. Further, the very approach of the Tribunal ought to be pragmatic and justice oriented in the considered opinion of this Tribunal. Further, the Tribunal is to assess the ‘due diligence’ of parties craving for condonation. In fact, failure to adopt/resort to vigilance or extra vigilance by the concerned party ought not to be a ground for ousting it from ‘Litigation.’ It is well settled principle in Law that if the ‘explanation’ offered does not smack of mala fide, utmost consideration must be given to a Litigant/Suitor to condone the delay. This Tribunal, to prevent an ‘Aberration of Justice’ and to ‘Secure the Ends of Justice’ interferes with the impugned order passed by the NCLT, Division Bench -I, Chennai and allows the instant Appeal by condoning the delay in question. The present Appeal is allowed, but without Costs.
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