TMI Blog2022 (11) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... able on 08th June, 2022. The present is case where Appellant submits that arguments were heard on 08th June, 2022 and Orders were reserved. They were not aware of the Order till it was uploaded hence there was no occasion for filing an Appeal by them - The present is a case where Appellant cannot be blamed for not applying the certified copy of the Order dated 08th June, 2022 since according to the Appellant, the Order was not pronounced nor it was uploaded although Appellant was present in the Hearing and his Learned Counsels participated in the Hearing raising objection regarding the maintainability of the Application. The present is a case where the Appeal cannot be thrown out on the ground of limitation. After order became available ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June, 2022, there is delay in filing the Appeal. 2. In the Application filed under Section 5 of the Limitation Act seeking Condonation of Delay it is stated that the Respondent herein filed an I.A. No. 2691/2022 against the Appellant (SBI) and National Highway Authority of India (NHAI), which Application was heard on 08th June, 2022 on the preliminary issue regarding the maintainability. The Applicant s case is that on 08th June, 2022, Orders were reserved and after 08th June, 2022, Learned Counsel for the Appellant checked on daily basis for a copy of the Order on the website of the Authority and he became aware about the Order only on 01st August, 2022 since 08th June, 2022 the Company Petition along with other I.As were listed on dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the Respondent has refuted the submissions of the Counsel for the Appellant and submits that the order was pronounced on 08.06.2022 and the Appeal is barred by time insofar as the order dated 08.06.2022 is concerned. 4. In the facts of the present case, we think it appropriate to call for a report from the Registrar of the NCLT with regard to the status of the order dated 08.06.2022, the date of uploading and other relevant facts. Let Report be submitted by the Registrar NCLT within two weeks from today. Copy of this order be forwarded to the Registrar, NCLT for submitting appropriate Report. 5. List the matter on 11.10.2022. In view of the fact that we are considering the Appeal against the order dated 08.06.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sted on 08th June, 2022 and was heard by the Principal Bench and was uploaded on 29th July, 2022. Vide Order dated 26.09.2022, Report was called for from the Registrar. We have clearly asked with regard to the status of the Order dated 08th June, 2022 and date of uploading and other relevant facts. The Report sent by the Registrar of NCLT only mentions that case was listed on 08th June, 2022 and was heard by the Principal Bench and was uploaded on 29th July, 2022. 6. The submissions which has been pressed by the Learned Counsel for the Appellant is that on 08th June, 2022, Application was heard on the preliminary issue but the Order was not pronounced on the said date. It is not the case that Order was reserved on any earlier date and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was reserved whereas the Respondents submit that preliminary objection was rejected but neither in the Report submitted by the Registrar NCLT nor in the Affidavit of Reply, it is stated that order was dictated in the open Court on 08th June, 2022 and Order was made available to the parties. We cannot throw aside the submissions of the Appellant that they were under impression that Order was reserved on 08th June, 2022 which order came to be uploaded on 29th July, 2022. 9. From the facts and circumstances which have been brought on record and the Report of the Registrar, the mere mentions of the words Order pronounced on 08th June, 2022 is not sufficient to prove that Order was made available on 08th June, 2022. The present is case wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor Respondent in the Reply have stated that Order was dictated in the open Court on 08th June, 2022 and was made available on 08th June, 2022. 10. We are satisfied that present is a case where the Appeal cannot be thrown out on the ground of limitation. After order became available on 29th July, 2022, the Appeal has been filed within 45 days from the date when Order was made available to the Appellant. Order was made available on 29th July, 2022 and 30 days limitation period came to an end on 28th August, 2022 and within 15 days thereafter, the present Appeal has been filed on 12th September, 2022. We, in exercise of our jurisdiction under Section 61(2) proviso of the Code, find it fit case to condone the delay which is less than 15 da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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