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Appellate Tribunal allows appeal delay, emphasizes justice, directs email service, grants response time, schedules hearing The Appellate Tribunal condoned the 14-day delay in filing the appeal under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, emphasizing the ...
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The Appellate Tribunal condoned the 14-day delay in filing the appeal under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, emphasizing the substantial cause of justice and taking a pragmatic approach. No costs were imposed. Additionally, the Appellants' Counsel was directed to serve the appeal papers to the Respondents' Counsel by email on the same day, with the Respondents granted two weeks to file their response through e-filing. The Respondents were also allowed to file a counter within four days of receiving the Appellants' response, with a hearing scheduled for 25.09.2023.
Issues involved: Delay in filing the appeal under Section 61(1) of the Insolvency and Bankruptcy Code, 2016.
Summary:
The Appellants sought condonation of delay in filing the appeal, citing difficulties in collating and filing documents, including old documents that required legible copies. They also mentioned taking two weeks to draft the appeal. The Appellate Tribunal noted that under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, appeals must be filed within 30 days of the Adjudicating Authority's order, with a possible extension of 15 days for sufficient cause. The appeal in question was filed on the 44th day, falling within the condonable period. The Tribunal, considering the reasons provided by the Appellants, condoned the 14-day delay, emphasizing substantial cause of justice and taking a pragmatic approach. No costs were imposed.
In a separate proceeding, the Appellants' Counsel was directed to serve the appeal papers to the Respondents' Counsel by email, with a deadline set for the same day. The Respondents were granted two weeks to file their response through e-filing. The Respondents were also given the opportunity to file a counter within four days of receiving the Appellants' response. The matter was scheduled for a hearing on 25.09.2023 by the Office of the Registry.
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