Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2023 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 828 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCHCondonation of delay in filing appeal - sufficient cause for delay present or not - whether the delay of 46th day can be condoned by the Appellate Tribunal? - HELD THAT:- It is well settled that if the appeal is not filed within the period of limitation prescribed and a delay has occurred a right would vest in the other side and for the purposes of condonation of delay a plausible excuse much less sufficient cause has to be made which may satisfy the conscious of the Appellate Authority. In the present case, however, the appellant has given the reason that the appeal within 30 days (prescribed period) could not be filed and also till the last day of extended period (15th day) could not be filed i.e. after considering the entire period of 45 days, because the appellant was in consultation with its Counsel and internal management with respect to the impugned order and its ramifications. The issue is as to whether both the things that is consultation with the Counsel and internal management was within the control of the appellant or beyond it. The appellant has made a totally unbelievable and lame excuse for the purposes of seeking condonation of delay which does not inspire confidence at all and shall not fall within the definition of a cause much less sufficient. Thus, looking from any angle, it is not a case in which interference is called for the purposes of condonation of delay and therefore, the application is hereby dismissed though without any order as to costs. Application dismissed.
|