2018 (5) TMI 997

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....to be filed under Rule 11 of the NCLAT Rules, 2016 (hereinafter referred to as the Rules) seeking extension of time for compliance granted under sub-rule (2) to Rule 26 of the Rules. 2. The allegation in the application is that the necessary papers had to be sent to the Applicant, a resident of Trivandrum, Kerala for rectification of the defects causing delay in presenting the Appeal. Hence, th....

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....018. The appeal when scrutinised on 20-02-2018 was found to be defective and hence on the same day the Applicant was informed of the defects with a direction to cure them and submit the same within a period of seven days. The period of seven days expired on 27-02-2018. However, the appeal has been submitted after curing the defects only on 27-03-2018. According to the Section there is a delay of 2....

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.... period not exceeding 45 days. However, the power to extend the period provided under the proviso can be invoked only by the Hon'ble Appellate Tribunal. 8. Sub-rule (3) to rule 26 enables the Registrar to extend the time for compliance given under sub-rule (2) to rule 26. However, the Rules cannot override the provisions of the Act. The power under sub-rule (3) to rule 26 to extend the time giv....