2024 (2) TMI 973

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....unsel appearing for SRA and Learned Counsel for RP. 2. This Appeal has been filed against the Order dated 23rd November, 2021 passed by National Company Law Tribunal, Principal Bench in IB- 923/PB/2018 by which I.A. No. 4510 of 2021 filed by the Appellant was dismissed. 3. Appellant aggrieved by the said order has filed Civil Appeal No. 4095 of 2023 which Appeal was filed on 24.02.2022 and the same was decided on 26th July, 2023 in which following order was passed: "Civil Appeal No.4095/2023 It appears that inadvertently in the Order dated 20.07.2023 the order to be recorded in the present appeal was recorded in C.A. No.4096/2023 where the learned counsel for the resolution applicant (R-2) had sought time to obtain instructions. T....

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.... before the NCLAT within time, the Supreme Court intended that Appeal should be filed within 30 days period. It is submitted that Appeal have been filed within 30 days from 26th July, 2023 which is not barred by time. 7. The submissions of the Appellant have been refuted by Learned Counsel for the Respondent who submits that limitation for filing the Appeal long expired before filing the Appeal on 24.02.2022 before the Hon'ble Supreme Court. It is submitted that the 30 days period expired on 23rd December, 2021 and further period of 15 days also came to an end on 07th January, 2022. It is submitted that liberty granted by the Hon'ble Supreme Court to file the Appeal was within time that is prescribed within Section 61 of the IBC, 2016. Lea....