2025 (12) TMI 233

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....instant Company Appeal, being aggrieved as against the impugned order of 19.09.2024, that was passed by the Learned NCLT Division Bench, Chennai in IA(IBC)/1593/CHE/2024, which was preferred in CP(IB) No. 1226/CHE/2018. The consequential effect of the Impugned Order has been that, the application, being IA No. 1593/CHE/2024, had been dismissed on the ground, owing to the order that has been already passed in IA No. 622/2022, the said IA(IBC)/1593/CHE/2024, was observed to be having no cause of action for setting aside the ex-parte order. 2) The Company Appeal when it was preferred before this Tribunal, it was e-filled before the Registry of this Tribunal on 25.11.2024. The Company Appeal was accompanied with a Condone Delay application b....

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....site on 23.09.2024. The counsel for the applicant applied for certified copy of the order on 24.09.2024 and the certified copy of the Order was received by the applicant counsel from the Tribunal on 25.10.2024. 3) The procedure regarding issue of certified copies to the applicants/litigants in the Tribunal has been streamlined now and copies are issued to the copy applicants within a period of 3 to 4 days from the date of receipt of copy applications. 5) It was reported by the Registry that, the procedure adopted by the Tribunal for issuance of the certified copy is that, the certified copy is prepared within a couple of days from the date of filing of the copy application. Owing to the aforesaid fact, the following dates become....

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....ation would be determined from the date when the order is uploaded on the website of the Tribunal and falls to be within the public domain, which in the instant case would be on 23.09.2024. 8) Admittedly, the Appellant had filed an application for procuring the certified copy of the order on 24.09.2024, but however we see no logic or reason nor the same has been taken or explained in the application for condone delay application, as to why did the Appellant waited for and received the certified copy of the order only on 25.10.2024. The Appellant has to blame himself for applying for the certified copy on 24.09.2024 and then sitting over for a period of 30 days for getting the certified copy from the Registry of the NCLT and there is no r....