2023 (9) TMI 1386

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....lvency & Bankruptcy<br>[Justice Anant Bijay Singh] Member (Judicial) And [Arun Baroka] Member (Technical) For the Appellant : Mr. Ajay Kumar Jain, Mr. Sourit Arora, Advocates For the Respondents : Mr. Dhrubajit Saikia, Advocate ORDER 1. This appeal is directed against the order dated 28th March, 2023 passed by the 'National Company Law Tribunal, Bench-III, New Delhi (hereinafter referr....

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....llant has submitted that the Authorized Representative of the Appellant Company is 75 years old woman and was suffering from severe illness, surviving on Oxygen Supplements, B-PAP in her day to day life. Therefore, the Authorized Representative of the Appellant company could not get the status of the petition filed before the Adjudicating Authority and was thus dependant on his counsel. Thereafter....

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....lar pleas which has been recorded by the Adjudicating Authority in the impugned order. Further, Ld. Counsel for the Respondent has submitted that the Appellant has neither given any cogent reasons in the application seeking restoration of the Application for 150 days' delay in filing the Restoration Application nor filed any application for condonation of delay to condone those days. It is submitt....

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.... 12 SCC 649, it is held that the "Condonation of delay cannot be granted as a matter of course and such a liberal approach cannot be taken when there are no proper grounds given by the Appellant/Applicant". 6. We have heard Counsels for the parties and are of the considered opinion that the reason given by the Appellant are not sufficient reason to allow the appeal. 7. In view of the aforesa....