2025 (8) TMI 1477

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Member (Technical) The present application IA No. 2531 of 2025 is an application praying for condonation of 149 days delay in refiling of the Company Appeal (AT)(Ins) No. 659 of 2025. 2. Notice was issued in respect of the above IA by this Tribunal vide order dated 11.07.2025 which reads as under:- "11.07.2025: I.A. No. 2531/2025 1. Issue notice on refiling delay condonation application. Appellant to provide mobile nos./ e-mail address of the Respondents. Notice be issued through e-mail or any other available mode. Requisites along with process fee be filed within three days. 2. Let Reply be filed within two weeks. List on 29th July, 2025." 3. The Applicants have offered the following explanati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lication on the grounds that the Applicant has not indicated any reasonable or sufficient cause to substantiate the refiling delay of 149 days. Articulating the background of the instant Appeal, it was submitted that the Appeal has been filed against recovery ordered by the Adjudicating Authority in respect of transactions undertaken by the Applicants which attracted Section 43 of IBC. 6. We have heard the learned counsels of both parties and perused the records carefully. 7. When we look at the explanations offered in the IA No. 2531 to explain the delay, we find that it has been simply couched as "personal difficulty" without making any further elaboration. During the hearing before us, the Ld. Counsel for the Applicant threw light ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to consuming 149 days to successfully cure the defects. This excuse appears to be all the more perfunctory since e-filing facilities allows access to the Registry of this Tribunal digitally bridging the physical divide. Coming to the second ground for condonation, we notice that no medical certificates have been placed on record to support the claim of indisposition of health of the counsel. Further, nothing has been placed on record to show that the Applicants had seriously pursued the matter with their counsel or with the Registry to know about the updated status of the appeal filed by them. We feel that any bonafide litigant placed in a similar situation would have followed up the matter with their lawyer to appraise themselves with th....