2022 (12) TMI 664

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....e Respondent : Mr. Ramji Srinivasan , Sr. Advocate with Ms. Niharika Sharma , Ms. Shruti Pandey , Ms. Megha Dugar , Advocates for R - 2 ORDER ASHOK BHUSHAN , J : 1. This is an Application (I.A. No. 1667 of 2022) praying for condonation of delay in filing the Appeal. The Appeal has been filed against the Order dated 07th April, 2022 passed by National Company Law Tribunal, Kolkata Bench, Kolkata. 2. The Appeal has been e-filed on 23rd May, 2022 and physically filed in this Tribunal on 24th May, 2022. 3. Learned Counsel for the Respondent submits that Appeal is filed beyond forty-five days from the date of passing of the Order, hence there being delay of 17 days in filing the Appeal, the same can not be condoned. 4. Learned ....

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....s being Saturday and Sunday and on these days, the Court was closed hence last date for filing the Appeal was 09th May, 2022 as 07th and 08th May, 2022 were holidays. 8. Section 4 of the Limitation Act, 1963 as well as Rule 3 of the NCLAT Rules, 2016 provide that when the Court is closed, the Appeal can be filed when court reopens. Section 4 of the Limitation Act is as follows: "4. Expiry of prescribed period when Court is closed. - Where the prescribed period for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal, or application may be instituted, preferred or made on the date when the Court re-opens. Explanation.- A Court shall be deemed to be closed on any day within the meani....

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....AT) Ins. No. 1124 of 2022] wherein Paragraph 10 of the Judgement, following has been laid down: "10. The Limitation as prescribed by Section 61(2) is 30 days. Under proviso, the Appellate Tribunal may allow an Appeal to be filed after said period of 30 days if it is satisfied that there is sufficient cause for not filing the Appeal but such period shall not exceed 15 days. When we look into Section 4 of the Limitation Act, 1963, the prescribed period for filing an Appeal when expires on a day when the Court is closed, the Appeal can be instituted when the Court reopens. Thirty-Days period for filing the present Appeal against the Order dated 15th June, 2022 expired on 15th July, 2022. It is not the case that Court was closed on 15t....