Tribunal Allows Appeal Filing Delay, Considers Timely Submission

The Tribunal granted the condonation of delay in filing Appeals against Orders dated 08th June, 2022, and 31st August, 2022. The Appellant's argument that the Order from 08th June, 2022, was not available until 01st August, 2022, was accepted. The Tribunal, considering the delay of less than 15 days and the timely filing within 45 days of Order availability, exercised its jurisdiction under Section 61(2) proviso of the Code to allow the condonation. The Appeals were listed for admission on 07th November, 2022.

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Issues:
Delay in filing Appeals against Orders dated 08th June, 2022 and 31st August, 2022.

Analysis:

1. Delay Condonation Application (I.A. No. 3412 of 2022):
- Appellant filed for condonation of delay in filing Appeals against the mentioned Orders.
- Appeal filed on 12th September, 2022, within time for the Order dated 31st August, 2022, but delayed for the Order dated 08th June, 2022.

2. Arguments for Condonation:
- Appellant's counsel stated that the Order from 08th June, 2022, was not available until 01st August, 2022, causing a delay of 13 days.
- Counsel checked daily for the Order after the hearing but found it uploaded only on 01st August, 2022.

3. Tribunal's Order and Registrar's Report:
- Tribunal called for a report from the Registrar of the NCLT regarding the status of the Order dated 08th June, 2022.
- Registrar's report confirmed the matter was heard on 08th June, 2022, and the Order was uploaded on 29th July, 2022.

4. Decision on Condonation:
- Appellant argued that they were under the impression that the Order was reserved on 08th June, 2022, and not available until later.
- Tribunal found it appropriate to condone the delay of less than 15 days as the Appeal was filed within 45 days of the Order's availability.

5. Legal Precedent and Conclusion:
- Citing a legal precedent, the Tribunal emphasized that the Appellant cannot be blamed for not applying for the Order immediately if it was not available.
- The Tribunal, using its jurisdiction under Section 61(2) proviso of the Code, allowed the delay condonation and listed the Appeals for admission on 07th November, 2022.

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