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TMI Blog2025 (1) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... plication I.A. No.6903 of 2024 is an application praying for condonation of 166 days delay in refiling of Company Appeal (AT) (Insolvency) No. 1913 of 2024. 2. When the Appeal came up for hearing on 04.11.2024, the Ld. Counsel for the Appellant sought liberty to file an additional-affidavit in support of application praying for condonation of refiling delay. 3. In pursuance of liberty granted by this Tribunal, the Applicant has filed an Additional-Affidavit giving explanation for delay at paragraphs 4 to 7 which are as reproduced below: "4. Unfortunately, on 16.04.2024, the counsel for the Deponent faced a bereavement in the family as the Appellant's Counsel's grandfather, residing in Gorakhpur, Uttar Pradesh, passed away. As a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me as he had to undertake multiple travels to Gorakhpur to complete attendant rituals. The Learned Counsel for the Applicant, Shri Abhisekh Anand further submitted that the intervening vacation in June and shortage of staff was another reason leading to delay in refiling. It was further submitted that the appeal petition underwent continuous revisions as the Registry pointed out defects four times which added to the delay. Hence, the cumulative delay of 166 days was caused by genuine reasons. At no stage did the Applicant cause the delay deliberately or for any other extraneous consideration. 5. The above submissions of the Applicant were vehemently contested by Ms Shiva Lakshmi, Learned Counsel for the Respondent stating that the delay of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there seems to have been total inertia and non-action on the part of the Applicant to take any steps towards removing the defects. Delay thereafter from June onwards has been conveniently attributed to the summer vacations of the court. This is a lame and hackneyed excuse which clearly has no legs to stand on since the Registry is always open and working even during vacation time. We are therefore not impressed with vacations being made the scapegoat to cover up the Applicant's lethargy in curing the defects. Another ground cited by the Applicant is that a lot of time got consumed as they had to repeatedly make corrections because of defects being pointed out by the Registry on four different occasions. We are not convinced by this argumen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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