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2022 (10) TMI 436 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIApplication for Condonation of Delay in filing the Appeal - whether the Applicant(s) are entitled for exclusion of period requisite for obtaining the certified copy of the order with effect from 12.05.2022 to 14.06.2022 or the Applicant(s) are entitled to exclude the time only from 09.06.2022 to 14.06.2022, when balance court fee for obtaining certified copy was paid? - whether exclusion of period for obtaining of certified copy shall be from 12.05.2022 to 14.06.2022 or 09.06.2022 to 14.06.2022? - HELD THAT:- Section 149 contemplate an order of the Court for extending the time, whereas in NCLT Rules, 2016, no order is contemplated by the Court for extension of time and the deficiencies of court fee and the defects in the application is to be cured as per Rule 28 within seven days from the date of pointing out of the defects or within a further period as allowed by the Rules. When the defects are removed, the presentation of the Application has to be treated from the date of initial presentation and presentation of the Application shall not be treated from the date when defects were removed. The Applicant(s) were entitled to exclude the period from 12.05.2022 to 14.06.2022, which was time requisite for obtaining certified copy of the order dated 10.05.2022. If the time requisite is excluded, limitation of 30 days’ time for filing the Appeal shall be till July, 12.07.2022 - appeal is filed within the period of limitation and Appeal Nos. 920 and 922 of 2022 were filed within 15 days beyond the period of 30 days. Let the Appeal(s) be listed for admission on 12.10.2022.
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