TaxTMI 
TaxTMI 
2024 (9) TMI 1424
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..... Shambo Nandi, Mr. Anoushka Dey, Ms. Anjali Singh, Mr. Pragyan Mishra and Mr. Bhaskar Anand, Advocates ORDER ( Hybrid Mode ) Per : Barun Mitra , Member ( Technical ) I.A. No. 4327 of 2024 is an application praying for condonation of 185 days delay in refiling of the Appeal. Also, another I.A. No. 4515 of 2024 has been filed seeking condonation of delay of 15 days in the filing of the present Appeal. 2. Notice was issued in respect of the above IAs 4327 and 4515 of 2024 by this Tribunal vide order dated 12.07.2024 which reads as under : " Issue notice on the Delay Condonation Application as well as Application for re-filing delay. Learned Counsel for the Respondents appears and is allowed two weeks' time to file repl....
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....al and started removing the defects for refiling the same. 9. It is further submitted that due to the ongoing court vacations, the offices of the counsels of the Appellant are not working in full capacity and the defect list contains various defects including regarding certain pages not being clear I illegible. Hence, typing of the said pages, correcting the index, re-pagination and rescanning the pages of the Appeal for the purposes of refiling the same has taken some time. 10. Accordingly, after re-scanning the signed copy of the Appeal, the same has been e-filed after removing all objections. Since the offices are not fully staffed due to the ongoing court vacations, the preparation of the paper sets of the appeal also ....
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.... defects in the instant Appeal. Allowing of such a course of action unilaterally by an Appellant without an Order from this Hon'ble Appellate Tribunal is dangerous and will lead to disastrous consequences with respect to laws of limitation and rules regarding timely curing of defects." 5. We have heard the rival contentions of both the parties and perused the records carefully. 6. For better appreciation, we are outlining briefly the sequence of events of the matter at hand. The present Applicant had filed I.A. No. 1149 of 2023 in CP (IB) No. 294 of 2021 before the Adjudicating Authority seeking directions against the approval of the resolution plan of the Corporate Debtor as approved by the Committee of Creditors ('CoC' in short)....
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....te Debtor was admitted to the rigours of Corporate Insolvency Resolution Process and moratorium provisions under Section 14 of the IBC had already come into play putting a bar on institution of suits/proceedings or continuation of pending suits/proceedings. It has also been contended that even after filing IA No. 1149 of 2023, the Applicant never pressed the same for hearing by the Adjudicating Authority. Even after the Adjudicating Authority had approved the resolution plan on 11.08.2023, the Applicant did not even challenge the order approving the resolution plan. It was only after the dismissal of IA No 1149 of 2023 on 18.10.2023 that the Applicant filed the instant appeal but let it lie in defects for an inordinately long time for no ju....
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....can be condoned only if the Tribunal is satisfied that there is reasonable and justifiable cause for not refiling the appeal on time. When we look at the sequence of events, we find that the Appeal was e-filed on 02.12.2023 and defects were intimated soon thereafter by the Registry on 11.12.2023. When we peruse the defect list pointed out by the Registry, most of the defects are minor in nature like lack of pagination, need of rescanning of certain pages of the appeal, correction of index etc. The correction of such defects was by no stretch of imagination of a time-consuming nature. The defects which were indicated by the Registry clearly fell in the routine category which were easily curable. The Applicant has also not indicated any circu....