9911796707
TMI Blog2023 (12) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocates for SIDBI ORDER ( Hybrid Mode ) I.A. No. 5394 of 2023. This is an application praying for condonation of delay in filing the Appeal. 2. The Appeal has been filed against the Order dated 30th August, 2023 passed by National Company Law Tribunal, New Delhi, Special Bench, Court- II. The ground taken in the Delay Condonation Application is that order passed by the Adjudicating Authority was uploaded on the NCLT, E-Portal only on 10th September, 2023 hence the period from 30th August, 2023 to 10th September, 2023 shall be excluded for the purpose of limitation. 3. Learned Counsel for the Appellant further submitted that although he was present on the date of the pronouncement but he was only informed about the operative portion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.2022. It is to be noticed that in the above case, judgment of the Hon'ble Supreme Court in "Raja Harish Chandra Raj" (supra) was relied. In the above case, contention of the Appellant was that the limitation for filing an Appeal under Section 61 shall arise from the date of knowledge. The said contention was rejected. Following was held by the Hon'ble Supreme Court in the above case:- "The appellant contends that an appeal against an order passed by the NCLT has to be filed within 45 days from the date of passing of the order. In support of the said contention, the appellant relied upon the judgment of this Court in Civil Appeal Nos. 2943-2944 of 2020 etc. dated 10.03.2021 titled Kalpraj Dharamshi & Anr. vs. Kotak Investment Advisors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed of."
5. The only explanation given by the Appellant in this Application that limitation will commence from the date when the order was uploaded does not commend us in view of the settled law as noticed above. Appellant's submission that he was only informed about the operative portion of the Order shall not stop the commencement of the limitation period.
6. The Appeal has been admittedly filed on 19.10.2023 i.e. beyond the period of 45 days. Our jurisdiction to condone the delay is limited to only 15 days. The Appeal having been filed beyond 15 days after expiry of the limitation, we are unable to condone the delay and Delay Condonation Application is dismissed. Consequently, the Memo of Appeal is rejected. X X X X Extracts X X X X X X X X Extracts X X X X
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