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TMI Blog2023 (11) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Adjudicating Authority (National Company Law Tribunal, Special Bench-1, Chennai) by which CP/(IB)/197/CHE/2022 filed by the Operational Creditor (Respondent) under Section 9 of the Code r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (in short 'Rules') for resolution of an amount of Rs. 6,37,76,535.40 (principal) and 2,94,41,258.95 (interest), total amounting to Rs. 9,32,17,794.35/- as an operational debt has been admitted, moratorium has been imposed and IRP is appointed. 2. This appeal is filed with an application bearing I.A. No. 1097 of 2023, under Rule 11 of NCLAT Rules, 2016 (in short 'Rules, 2016') for condonation of delay of 15 days in filing of the present appeal. 3. As it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e apt to refer to Section 61 of the Code which is reproduced as under:- "Section 61: Appeals and Appellate Authority. *61. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days1 before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of only 30 days in Section 61(2) of the code to file an appeal in terms of Section 61(1). The Legislature did not provide jurisdiction to the Tribunal to extend the period to any extent by condoning the delay of any period in terms of Section 5 of the Act, 1963, in case it is satisfied that there is a sufficient cause with the Appellant for not filing the appeal within the time prescribed rather in proviso to Section 61(2) a period of only 15 days is provided, enabling the Appellant to file the appeal within that period by making out a sufficient cause for not filing the appeal within the prescribed 30 days and sufficient cause has to be to the satisfaction of the Appellate Authority. 11. Having said that, we have to find out whether t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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