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2023 (7) TMI 547

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....stice Rakesh Kumar Jain ] Member ( Judicial ) And [ Mrs. Shreesha Merla ] Member ( Technical ) For the Appellants : Mr. S. P. Srinivasan , Advocate For the Respondents : Mr. Advaith , Advocate ORDER ( Virtual Mode ) [ Per ; Justice Rakesh Kumar Jain ( MJ ) ] I.A. 508 of 2023 1. This Application is filed by the Appellant under Rule 31 of the NCLT Rules, 2016 seeking Condonation of Dela....

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....mitation of 30 days for filing such an Appeal. Proviso to Section 61(2) allows 15 days time for the Appellate Tribunal to Condone the Delay in filing of Appeal if it is satisfied that there was a sufficient cause for not filing the Appeal in time. Section 61 is reproduced as hereunder for the ready reference: "61. Appeals and Appellate Authority. - (1) Notwithstanding anything to the contrary....

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.... 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 resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board; (iv) the insolvency resolution process cos....

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....e very next date i.e., 04.02.2023 and was having about 28 days for the purpose of collecting the relevant information to file the Appeal in terms of Section 61(2) but the Appeal was not filed within that statutory period rather 14 more days were spent in filing the Appeal and the same has been filed on the last day provided in the proviso to Section 61(2) and a request thus has been made for Condo....