2018 (3) TMI 1939

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.... Authority (National Company Law Tribunal), Principal Bench, New Delhi, whereby and whereunder application preferred by the Appellant under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B Code") has been rejected for the grounds mentioned therein. 2. The defective appeal was preferred by the Appellant after delay of more than six months on 22nd September, 2017 without any application for condonation of delay. When it was pointed out, the Appellant preferred an application for condonation of delay and taken plea that there is a delay of only two days. Contd/-................... 3. On notice, learned counsel for the Respondent has appeared and opposed the prayer. It was pointed out that the judg....

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.... lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. Company Appeal (AT) (Insolvency) No. 223 of 2017 (4) ....

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....l to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days. (3) An appeal against an order approving a resolution plan under section 31 may be filed on the following grounds, namely:-- (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force; (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency Company Appeal (AT) (Insolvency) No. 223 of 2017 resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provid....