2023 (9) TMI 1430

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....ed on behalf of the Respondent. 2. The present appeal has been preferred under Section 61 of the Insolvency and Bankruptcy Code, 2016 (herein after referred to as 'Code') against an order dated 20.12.2022 passed by National Company Law Tribunal, Cuttack Bench, Cuttack (herein after referred to as Adjudicating Authority) in I.A. (IB) No. 83/CB/2022 in CP (IB) No. 34/CB/2021. 3. After filing, the appeal was firstly taken up on 28.02.2023. The appeal was listed along with an Interlocutory application i.e. I.A. No. 769 of 2023 which was filed for condonation of delay. Order dated 28.02.2023 reflects as if no submission was made on the point of condonation of delay in filing the appeal. Thereafter, on 06.04.2023 and 04.05.2023 the appe....

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....re not repeated herein for the sake of brevity. 3. BASIS ON WHICH INTERIM ORDERS PRAYED FOR: i. The Appellant states that the order was pronounced by the Adjudicating Authority on 20.12.2022 however no copy of the order was made available to the Appellant's counsel in the last week December 2022. The Appellant regular follow up with the local Counsel at Cuttack but due to his ill health he remained unanswered. As and when the copy made available the Appellant was advised to file Company Appeal against the Impugned order. The Appellant requested the local counsel at Cuttack to obtain certified copy of the impugned order but due to his ill health he was unable to obtained the same from Registry of Adjudicating Authority, Cuttack Bench....

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....ed by the court itself, yesterday i.e. 21.09.2023, when the matter was taken up and matter was deferred for today i.e. 22.09.2023. In the appeal Ms. Apoorva Pandey, Ld. Counsel has appeared on behalf of the Respondent and submits that despite the fact that the appeal was filed belatedly and condonation of delay application was also filed, the appellant has not bothered to bring on record certified copy of the impugned order. In reply, Ld. Counsel for the Appellant submits that the ground which has been taken in the condonation of the delay application has also been taken in an application filed for exemption to file certified copy of the impugned order vide I.A. No. 768 of 2023. Accordingly, it is submitted by Ld. Counsel for the Appellant ....