TMI Blog2023 (3) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 61 (2) proviso is only 15 days. The judgment of this Tribunal in Chennai Bench in M. K. Resely Ors. vs. Union Bank of India Ors [ 2022 (11) TMI 1155 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI ] which has been relied by the Appellant in support of his submission is needed consideration. In the said case, this Tribunal relying on Section 14 of the Limitation Act has granted exclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication has taken the ground that he received the impugned order dated 07.09.2022 on 24.11.2022 and the same was prepared by the registry on 16.11.2022 and due to health problems of the Appellant, the appellant could not provide the required documents and annexures. - I.A. No. 809 of 2023 in Company Appeal (AT) (Insolvency) No.225 of 2023 - - - Dated:- 15-3-2023 - [ Justice Ashok Bhushan ] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Appellant submits that delay in filing the Appeal be condoned. He relied on judgment of NCLAT at Chennai in I.A. No. 990/2022 in Company Appeal (AT) (CH) (Ins) No. 337/2022, M. K. Resely Ors. vs. Union Bank of India Ors. . 3. The power to condone delay vested in this Tribunal under Section 61 (2) proviso is only 15 days. We need to consider the judgment of this Tribunal in Chennai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 of the 'Limitation Act' 1963, in a liberal manner and by applying 'Equity, permits the exclusion of period from 25.01.2022 till 22.06.2022' ('147 days'), in computing the 'Period of Limitation, and consequently disposes of the IA/990/2022, without Costs. 5. Present is not a case where the Appellant is claiming any benefit of Section 14 of the Limitation Act. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days in filing the appeal from 16.11.2022 (the date of preparation of the impugned order by the registry). 6. The grounds as given in the application does not give any satisfactory cause for condonation of delay, which is beyond 15 days. The judgment of Chennai Bench of this Tribunal relied by the Appellant in M. K. Resely Ors. vs. Union Bank of India Ors. has no application in the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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