TMI Blog2020 (9) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... of Appeal intimated the defect to the Appellant on 01.10.2019 and on the same day the Memo of Appeal was returned to the Appellant. The Appellant was supposed to cure the defects within 7 days and has to file the Appeal on or before the 08.10.2019. However, the Appellant has refiled the Appeal on 28.07.2020 i.e. a delay of 338 days. It is pertinent to note that if the defects pointed out by the Registry, are not removed within the 7 days period as prescribed under the Rule, 26 of the National Company Law Appellate Rules, 2016. The Appeal is treated to be a fresh Appeal and in such a situation, this Appellate Tribunal cannot condone the delay beyond 45 days. This Tribunal cannot condone the delay beyond 45 days. Thus, the Application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l after a delay of 338 days. Therefore, the Appeal is placed before the Bench for orders on the above referred Application for condonation of delay. 4. Learned Counsel for the Appellant submits that the delay in filing the Appeal is only four 4 days and the delay of refiling of the Appeal is 338 days as certain documents were to be obtained and translated and thereafter, Covid-19 lockdown was imposed with effect from 24.03.2020. Therefore, there is a delay in refiling the Appeal. 5. Learned Counsel for the Appellant further submitted that once an Appeal has been numbered, it means the delay in refiling Appeal has already been condoned. For this proposition, he placed reliance on the Judgment of the Hon ble Supreme Court in the Case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies we have perused the record. 9. Admittedly, the Impugned Order was passed by the Tribunal on 27.05.2019 certified copy of the Order was delivered on 10.07.2019. As per Section 421 of the Act. The Appellant was required to file the Appeal within 45 days i.e. till 24.08.2019. However, the Appellant has filed the Appeal on 28.08.2019 i.e. beyond the period of Limitation. The Office after scrutiny of the Memo of Appeal intimated the defect to the Appellant on 01.10.2019 and on the same day the Memo of Appeal was returned to the Appellant. The Appellant was supposed to cure the defects within 7 days and has to file the Appeal on or before the 08.10.2019. However, the Appellant has refiled the Appeal on 28.07.2020 i.e. a delay of 338 days. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could have condoned the delay if it would have been filed within another 45 days i.e. by 7th of April, 2017. After 7th April, 2017 the Appellate Tribunal has no jurisdiction to condone the delay or to entertain the Appeal. 21. Appeal was filed on 31st March, 2017 and the defect was to be removed within 7 days i.e. by 7th April, 2017. Therefore, no extension of time could have been granted even by the Registrar to remove the defects particularly when the Appellate Court has no power to condone delay after 90 days of receipt of Judgment which expired on 7th April, 2017 in the present case. 22. Learned Counsel for the Appellant submitted that the Appellate Tribunal has inherent power to condone the delay and thereby to do substantive ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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