2023 (12) TMI 686

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....& Bankruptcy<br>[ Justice Rakesh Kumar Jain ] Member ( Judicial ) And [ Shreesha Merla ] Member ( Technical ) For the Appellant : Mr. B. Ramana Kumar , Advocate For the Respondents : Mr. Sankar P. Panicker , Advocate for R1 Mr. Avinash Krishnan Ravi , Advocate for R2 ORDER ( Virtual Mode ) Per : Justice Rakesh Kumar Jain : This order shall dispose of I.A. No. 752 of 2023 filed under Ru....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e took two weeks' time to draft the current matter, therefore, delay has been caused. 4. We have examined the reason given by the Appellant in the application on the anvil of sufficient cause and found that it is merely an excuse and not an explanation for not filing the appeal within the prescribed time. 5. It is needless to mention that right of appeal is the statutory right which has been pro....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o 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." 6. On a cursory look of the above provisions, it lays down four conditions, namely, first, the appeal can be filed by any person who is aggrieved by the order of the Adjudicating Authority, second, the period fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Adjudicating Authority before the Appellate Authority to remain vigilant regarding his rights to file the appeal. The legislature has provided only 30 days for this purpose and then granted 15 days window to file the appeal but by assigning a sufficient cause that too to the satisfaction of the Appellate Tribunal. In the present case, however, the sufficient cause is conspicuous by its absen....