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2024 (2) TMI 973 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIMaintainability of appeal - time limitation - whether the Appeal is within condonable period or it is beyond condonable period? Submission of the Appellant is that when the Hon’ble Supreme Court has observed that Appellant to avail remedy of Appeal before the NCLAT within time it meant that from the said date, within 30 days, Appeal should be filed and Appellant having filed within 30 days, it is within time. HELD THAT:- On looking into the order of the Hon’ble Supreme Court passed in HIMANSHU BATTISH & ANR VERSUS TODAY HOMES NOIDA PRIVATE LIMITED & ANR. [2023 (7) TMI 1370 - SC ORDER], last line of the order mentions “the period from the date of filing of the special leave petitions till today would stand excluded for the purposes of filing of the appeals.” Thus what was intended by the Hon’ble Supreme Court is that period during which SLP was pending before the Supreme Court, should be excluded. Hon’ble Supreme Court was not pronouncing on the limitation for filing the present appeal on that date since the Appeal was not even filed and when we read the above line of the Hon’ble Supreme Court it is clear that what was permitted was exclusion of the period during which the said SLP was pending. Even after exclusion of the said period, the present Appeal is filed beyond 15 days after expiry of the limitation and further clarification application which was filed by the Appellant has also been dismissed on 01.12.2023 by the Hon’ble Supreme Court. The delay in filing the Appeal cannot be condoned which is beyond condonable period as provided under Section 61(2) of the Code. The appeal has been filed beyond 15 days after expiry of limitation, the appeal cannot be entertained. The Appeal being barred by time is dismissed.
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