TMI Blog2023 (5) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that the Corporate Debtor has already paid the Principal Amount and the Petition under Section 9 is not maintainable in respect of interest. Whether there is a sufficient cause assigned by the Applicant/Appellant for the purpose of Condonation of Delay or not? - HELD THAT:- Admittedly, the Impugned Order was received by the Appellant within two/three days of its passing. The Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicial ) And [ Mrs. Shreesha Merla ] Member ( Technical ) For Appellant : Mr. Akshay Goel , Advocate ORDER ( Virtual Mode ) [ Per : Justice Rakesh Kumar Jain ( MJ ) ] This Appeal is directed against the Order dated 02.03.2023 passed by the National Company Law Tribunal, Bengaluru Bench, by which, an Application filed by the Appellant ( Operational Creditor ) under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e duly constituted, therefore, we have asked Counsel for the Appellant to address arguments in respect of the Application for Condonation of Delay. It is also pertinent to mention that as per Section 61(2) proviso of the Code, the Appellate Tribunal can condone a delay of only 15 days and not beyond that. It is also worthwhile to mention that for the purpose of Condonation of Delay, the Applicant/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who is aggrieved by the Order of the Adjudicating Authority has a right to prefer an Appeal before the Appellate Tribunal. Section 61(2) provides a period of 30 days for filing the Appeal. Proviso to Section 61(2) provides with a jurisdiction to the Appellate Authority to further extend the period of 15 days if it is satisfied that there was a sufficient cause for not filing the Appeal within a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired and even the Appeal has been filed on the last day of 15th day, therefore, the Appellant is asking for Condonation of 15 days which is the extended period provided in Section 61(2) proviso. 10. We are not satisfied with the cause shown by the Applicant/Appellant as it does not fall within the ambit of sufficient cause, therefore, we do not find any merit in this Application and the same is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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