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Insolvency and BankruptcyMarch 27, 2024Case LawsAT
Condonation of delay in filing appeal - The appellant argued that the delay was due to the unavailability of the impugned order and the holiday period of the tribunal. However, the respondent contested these claims, asserting that the appellant's counsel was present when the order was pronounced in open court. - The NCLAT found that the appellant failed to provide evidence of attempting to obtain a certified copy of the order and held that they were entitled to do so as the initiating party. However, since no application was made, the appellant could not benefit from the exclusion of time under the Limitation Act.
Condonation of delay in filing appeal - The appellant argued that the delay was due to the unavailability of the impugned order and the holiday period of the tribunal. However, the respondent contested these claims, asserting that the appellant's counsel was present when the order was pronounced in open court. - The NCLAT found that the appellant failed to provide evidence of attempting to obtain a certified copy of the order and held that they were entitled to do so as the initiating party. However, since no application was made, the appellant could not benefit from the exclusion of time under the Limitation Act.
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