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NCLAT dismissed the application seeking condonation of 389 days' delay in refiling an appeal against dismissal of a Section 9 IBC application. The Tribunal held that under the IBC's time-bound framework, refiling delay can be condoned only upon demonstration of reasonable and sufficient cause beyond the appellant's control, supported by due diligence. The appellant's bare assertion that the delay was "unintentional and beyond control" was found to be no justification. Noting the inordinate delay of over one year and absence of any cogent explanation, NCLAT refused to condone the delay and consequently dismissed the memo of appeal.
NCLAT dismissed the application seeking condonation of 389 days' delay in refiling an appeal against dismissal of a Section 9 IBC application. The Tribunal held that under the IBC's time-bound framework, refiling delay can be condoned only upon demonstration of reasonable and sufficient cause beyond the appellant's control, supported by due diligence. The appellant's bare assertion that the delay was "unintentional and beyond control" was found to be no justification. Noting the inordinate delay of over one year and absence of any cogent explanation, NCLAT refused to condone the delay and consequently dismissed the memo of appeal.
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