TMI Blog2021 (12) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... e instant Appeal has been filed on 03.08.2021 and no sufficient explanation for condonation of delay have been made out in the instant Appeal. Application dismissed. - I.A. No. 1657 & 1658 of 2021 IN Company Appeal (AT) (Insolvency) No. 623 of 2021 - - - Dated:- 21-12-2021 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Vinay Kuthiala, Sr. Advocate with Mr. Shaurya Vardhan Kuthiala, Advocate. For the Respondent : Mr. G.P. Madaan, Mr. Aditya Madaan and Mr. Aadharsh Prakash, Advocates. ORDER Justice Anant Bijay Singh; I.A. No. 1657 of 2021 has been filed in the instant Appeal seeking condonation of delay of 102 days in filing the instant Appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith 100% voting shares was approved by the Ld. Adjudicating Authority under provisions of sub Section (1) of Section 31 of the Insolvency and Bankruptcy Code, 2016. 4. The Learned Sr. Counsel for the Appellant while pressing the I.A. No. 1657 of 2021 submitted that that a true copy of the impugned order was communicated to the Appellant herein on 25.03.2021 and further, true copy of the Resolution Plan dated 14.03.2020 by the Resolution Applicant, namely M/s Sponge Sales (India) Private Limited was received by the Appellant on 25.03.2021. Further submitted that the Appellants were not a party to the proceedings before the Hon'ble NCLT, Kolkata. 5. In para 3 of the I.A. No. 1657 of 2021 it has been mentioned that the same were sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rather misleading. The Appellants have deliberately and consciously suppressed this fact in the present Appeal to mislead this Tribunal. This act alone proves that the Appellants failed to prefer the present Appeal within time and now distorting the facts with a malafide intent to serve their own needs. 11. It is further submitted that vide email dated 17.08.2020, the Resolution Professional also served a copy of the impugned order dated 12.08.2020 to the Appellant and the same is annexed as Annexure R/2 at page 10 of the Reply Affidavit. 12. It is further submitted that the Resolution Professional vide a second email dated 03.09.2020 (Annexure - A-8 at page 161 of the Appeal Paper Book) intimated the Appellants that the resolution p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order or payment intimation vide emails dated 17.08.2020 and 03.09.2020 respectively. The Appellants failed to challenge the impugned order, they preferred the instant Appeal at the belated stage. Therefore, there is not merit in the instant Appeal and no case for condonation has been made out by the Appellants in para 3 of their aforesaid I.A. They have given bland statement the impugned order sent to various authorities and thereafter to the Law Department for their comments, so no case for condonation of delay is made out and the I.A. No. 1657 of 2021 may be dismissed and consequently, Appeal may be dismissed. 15. After hearing the parties and going through the record and also the submissions, we are of the view that the Appellants ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
