Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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Insolvency and BankruptcyJuly 20, 2022Case LawsSCH
Power of NCLT to condone the delay beyond 15 days - Condonation of Delay of 27 days in filing for restoration was admitted - It is beyond comprehension as to how such a prescription as regards the period of filing the appeal and the limited period for condonation of delay in filing such appeal could be imported for the purpose of consideration of the prayer for condonation of delay in filing an application for restoration - No other provision has been brought to our notice which limits or curtails the powers of the Tribunal to condone the delay in filing the application for restoration. It needs hardly any reiteration that the rules or procedure are essentially intended to serve the cause of justice and are not for punishment of the parties in conduct of their matters. - SC
Power of NCLT to condone the delay beyond 15 days - Condonation of Delay of 27 days in filing for restoration was admitted - It is beyond comprehension as to how such a prescription as regards the period of filing the appeal and the limited period for condonation of delay in filing such appeal could be imported for the purpose of consideration of the prayer for condonation of delay in filing an application for restoration - No other provision has been brought to our notice which limits or curtails the powers of the Tribunal to condone the delay in filing the application for restoration. It needs hardly any reiteration that the rules or procedure are essentially intended to serve the cause of justice and are not for punishment of the parties in conduct of their matters. - SC
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