TMI Blog2023 (9) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in which the Appellant has not stated as to how and why the delay has occurred in not filing the Appeal within the prescribed period of 30 days from the date of pronouncement of the Order dated 31st March, 2023 - As a matter of fact, the reason much less sufficient, for the purpose of condonation of delay is conspicuous by its absence, in the entire application. Therefore, there is nothing for this Tribunal to appreciate about the sufficient cause for not approaching the Appellate Authority within the time prescribed or even thereafter within the window of 15 days. The period of 15 days cannot be extended and the Appellate Tribunal does not have jurisdiction to consider and condone the delay beyond the period of 15 days and in case t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present Appeal. 2. This Appeal has been filed against the Impugned Order dated 31st March, 2023 by which Application filed by the Appellant through its authorised representative for a direction that the claim filed by the Appellant in Form-CA and Form-F be admitted and Appellant be classified as a Financial Creditor at par with the Homebuyers has been dismissed. 3. The Appeal has been filed under Section 61 of the Code. The prescribed period for filing the Appeal is 30 days. In case, the Appeal is not filed within the period of 30 days then the Appeal can still be filed within a period of 15 days subject to the condition that the Appellant/Applicant shall have to assign a sufficient reason, for not filing the Appeal within prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Companies Act 2013 (18 of 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 days 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 days. (3) An appeal against an order approving a resolution plan under section 31 may be filed on the following grounds, namely: (i) the approved resolution plan is in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfying the Appellate Authority that there was sufficient cause for not filing the Appeal earlier. However, the period of 15 days cannot be extended and the Appellate Tribunal does not have jurisdiction to consider and condone the delay beyond the period of 15 days and in case the Appellate Authority is satisfied that there has been a sufficient cause for not filing the Appeal within the time prescribed or within the extended period, it can condone the delay and hear the matter on merits. Therefore, sufficient cause is the heart and soul of the application for condonation of delay which is totally missing in this Application. 8. The law is very strict so far as the proceedings under the Insolvency and Bankruptcy Code, 2016 is concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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