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2023 (10) TMI 73 - AT - Companies LawCondonation of delay of 44 days in refiling appeal - intentional delay or not - HELD THAT:- Since a plea has been taken that the appellant was not arrayed party before the NCLT and adverse order has been passed against the appellant, it is opined that instead of filing appeal the appellant was required to file an appropriate application before the NCLT for recall of the order and also for impleading him as Respondent in the main petition. It was submitted by Mr. Mukherjee, Ld. Sr. Counsel for appellant that subsequently an intervention application was also filed. Be that as it may, considering the fact that a plea has been taken that without impleading Appellant order has been passed, it is desirable to dispose of this appeal granting liberty to the appellant to file appropriate application before the NCLT. If such application is filed it is expected that Ld. NCLT without any further delay preferably within ten days from the date of filing of such application by the Appellant may pass appropriate order in accordance with law, after hearing all the parties - It goes without saying that Ld. NCLT may not be influenced by any of the observation recorded by this Tribunal, since no opinion recorded on the merit of the case. Appeal disposed off.
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