2025 (7) TMI 1783

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....nation of 152 days delay in refiling of the Company Appeal (AT)(Ins) No. 310 of 2025. 2. Notice was issued in respect of the above IA by this Tribunal vide order dated 10.03.2025 which reads as under : - "10.03.2025: Issue notice on the I.A. No.1084 of 2025 seeking condonation of 152 days' delay in refiling the appeal. Reply be filed within three weeks. Rejoinder be filed within two weeks. List this Appeal on 17.04.2025." 3. The Applicant has offered the following explanation in paragraphs 2.8 to 2.12 in their application justifying the refiling delay which is as extracted below:- "2.8 Thereafter the registry initially pointed out the defects on 06.09.2024 which was removed within the period of 7 days and was refiled on 13.09.2024 a....

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....spondent-Resolution Professional ('RP' in short) to the refiling delay application filed by the Applicant. The learned counsel for the Respondent after placing reliance on the judgments of this Tribunal in Dhanlaxmi Bank Limited v. Ritu Rastogi and Ors. in CA(AT)(Ins) No. 2131 of 2024; Govardhan Nirman Pvt. Ltd. v. Vaibhav Khandelwal in CA(AT)(Ins) No. 1524 of 2024 and Employees Provident Fund Organization Vs. H L Buildwell Pvt. Ltd. in CA(AT)(Ins) No. 1700 of 2024 has vehemently contended that since no sufficient/justifiable cause has been made out by the Applicant for condonation of delay, the refiling delay condonation application is opposed by them. Further, the grounds given in their Reply Affidavit objecting to the condonation of refi....

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....pirit of the Code. The Applicant ought to have either cured the defects as per the National Company Law Appellate Tribunal Rules, 2016, within a period of 7 days from the date of notification of defects by the Registry, or, filed exemption Application citing the difficulties in view of the fact that the Applicant was aware of the NCLAT rules clause 26(4) which reads as "(4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the appeal or pleading or document." The Respondent-RP also pressed that the CIRP proceedings having commenced on 16.09.2022 in the present matter, the IBC framework requires a time-bound c....

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....copies which led to inability on their part to cure these defects in timely manner. The Applicant has neither given any details on the number of documents which had been marked dim and illegible by the Registry which required to be cured. What is more surprising is that the Applicant has filed the present appeal with IA No. 1182 of 2025 seeking exemption from filing true typed copies of the dim/illegible documents annexed with the appeal. This goes to show that even after taking so much time to purportedly cure the defects, the same defect of dim/illegible documents continue to subsist. This clearly shows that this ground for refiling delay lacks foundation. 9. The other ground which has been cited is on account of holidays during Dussehra....