2023 (12) TMI 315

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vocates for SIDBI ORDER ( Hybrid Mode ) I.A. No. 5394 of 2023. This is an application praying for condonation of delay in filing the Appeal. 2. The Appeal has been filed against the Order dated 30th August, 2023 passed by National Company Law Tribunal, New Delhi, Special Bench, Court- II. The ground taken in the Delay Condonation Application is that order passed by the Adjudicating Authority was uploaded on the NCLT, E-Portal only on 10th September, 2023 hence the period from 30th August, 2023 to 10th September, 2023 shall be excluded for the purpose of limitation. 3. Learned Counsel for the Appellant further submitted that although he was present on the date of the pronouncement but he was only informed about the operative portion o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....4.2022. It is to be noticed that in the above case, judgment of the Hon'ble Supreme Court in "Raja Harish Chandra Raj" (supra) was relied. In the above case, contention of the Appellant was that the limitation for filing an Appeal under Section 61 shall arise from the date of knowledge. The said contention was rejected. Following was held by the Hon'ble Supreme Court in the above case:- "The appellant contends that an appeal against an order passed by the NCLT has to be filed within 45 days from the date of passing of the order. In support of the said contention, the appellant relied upon the judgment of this Court in Civil Appeal Nos. 2943-2944 of 2020 etc. dated 10.03.2021 titled Kalpraj Dharamshi & Anr. vs. Kotak Investment Advisors L....