Appeal Dismissed for Missing Deadline; Email Request Deemed Insufficient as Official Application Under NCLT Rules.

The NCLAT dismissed the Delay Condonation Application and rejected the Memo of Appeal due to the Appellant's inability to file within the prescribed period. The Appellant, representing workers, failed to submit a timely application for a certified copy of the NCLT order, exceeding the 15-day limit for condonation under Section 61(2) proviso. Despite requests for certified copies, the Tribunal held that an email request did not constitute an official application per NCLT Rules, leading to the dismissal of the appeal for non-compliance with procedural timelines.

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Issues involved:
Delay in filing the appeal due to non-receipt of certified copy of the order.

Summary:

Issue 1: Delay in filing the appeal

The appeal was filed against the Order dated 19.10.2023 passed by the National Company Law Tribunal, Kolkata Bench, Court-II, approving the resolution plan. The Appellant, representing workers, claimed delay in filing the appeal due to non-receipt of certified copy of the order. They made various requests for inspection and certified copies, but faced delays in obtaining the necessary documents.

The Appellant's counsel argued that the delay was due to the non-receipt of the certified copy, which hindered the timely filing of the appeal. They referred to specific dates of requests made for inspection and certified copies, highlighting the efforts made to obtain the required documents.

Upon examination of the timeline of events, it was noted that the Appellant's application for a certified copy was physically made on 23rd November, 2023, well beyond the permissible period for condonation of delay under Section 61(2) proviso. The Tribunal observed that the email sent on 18th November, 2023, requesting certified copies, could not be considered as an official application for the same as per NCLT Rules.

Given the strict limitation of 15 days for condonation of delay, the Tribunal concluded that the delay in filing the appeal beyond the prescribed period could not be condoned. Consequently, the Delay Condonation Application was dismissed, and the Memo of Appeal was rejected.

This summary provides a detailed overview of the issues involved in the legal judgment, emphasizing the key arguments and decisions made by the Appellate Tribunal.

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