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TMI Blog2023 (10) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 2916/2023 1. In the present I.A., the Appellant had requested for Condonation of Delay in filing Comp. App. (AT) (Ins.) Nos.856 & 857/2023. The Impugned Order was passed by the Learned Adjudicating Authority (National Company Law Tribunal, New Delhi, Court - V) on 24.03.2023. The Appellant submits that he had applied for paid Certified Copy of the Order on 17.04.2023, which was delivered to the Appellant on 03.05.2023. Page 32 & 33 of the Appeal Paper Book contains the Certified Copy of the Order and according to the stamp of Registry of the Adjudicating Authority (`AA'), the Application for copy was given on 17.04.2023, the Certified Copy was prepared on 27.04.2023 and was delivered on 03.05.2023. If we exclude the time period from 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion period in filing for any legal proceedings. 5. The issue of exclusion of period spent in obtaining Certified Copy was considered by the Hon'ble Supreme Court in the case of `Sanket Kumar Agarwal & Anr.' Vs. `APG Logistics Private Limited' in Civil Appeal No.748/2023 and following observations are recorded in Para 28 of the said Order dated 01.05.2023: "28. In the present case, the application for a certified copy was sent from Delhi to Chennai on 2 September 2022, which was received on 5 September 2022, within the period of limitation of 30 days specified in Section 61(2). This aspect lies in contrast to the facts as they obtained before this Court in the judgment in V Nagarajan (supra) where even the application for obtaining the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Kumar Khatri' (hereinafter called as Appellant No. 1) and `Charu Arora alias Charu Khatri' (hereinafter called as Appellant No. 2). The Appellant No. 1 is father of Appellant No. 2. 9. The Appellant No. 1 & Appellant No. 2 have entered into separate Memorandum of Understanding (`MoU') with Respondent No. 1 - `M/s. Wianxx Impex Pvt. Ltd.' on 12.07.2014 whereby the Appellants have made payment of Rs.10 Lakhs each by cash as loan to the Respondent No. 1 against which the Respondent No. 1 agreed to earmark Office Block No. 46 for Appellant No. 1 and Block No. 46-A for Appellant No. 2 in their upcoming Project Europark, Sahibabad, Ghaziabad as security towards the repayment of the loan. Respondent No. 1 had agreed to pay interest @ 2.5 p.m. a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an amount of Rs.10 lakhs has been paid in the project named Europark. When the Corporate Debtor is subjected to CIRP, the Applicant has not filed the claim and totally about 1270 days is the time delay in this matter. By the time the applicant filed his claim, the Resolution Plan is already approved by CoC and Plan is now for the approval of NCLT and Counsel for the RP has clarified that there is no provision in the plan to accommodate the claim made by the Applicant. Therefore, we do not find any merit in the present application. The application stands dismissed." 12. Identical Orders are made in I.A. No.1596/2023 in the case of `Mr. Prem Kumar Khatri' and in I.A. No.1597/2023 in the case of `Ms. Charu Arora alias Charu Khatri' by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent nowhere has denied the claim of the Appellant, that claim has been filed with all documents and that it is an error on part of the RP in not including the name of the Appellant while stating liabilities of the Corporate Debtor. 16. Learned Counsel for the Parties were given opportunity to file Written Submissions on or before 03.10.2023. However, the Registry has confirmed on 05.10.2023 that no Written Submission was filed by the Parties in the time given. 17. We have gone through the submissions made by the Appellant and the Respondent. By their own admission, the Appellants were aware of the CIRP in August, 2022 but the claim was filed in March, 2023. We should not lose sight of the fact that Resolution of Corporate Debtor under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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