2025 (3) TMI 1577

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....o. 157/2025 (IA Nos. 420 & 421/2025) - -<br>Insolvency & Bankruptcy<br>JUSTICE SHARAD KUMAR SHARMA MEMBER (JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL) For the Appellant : Mr. P.V.L. Bhanu Prakash, Advocate For the Respondents : Mr. VVSN. Raju, Advocate for R1 Mr. PH. Arvindh Pandian, Senior Advocate For Mr. Pradeep Joy, Advocate for R2 Mr. Palash Taing, Abhinay Tiwari, Saikat Mukherjee & Rajrishi Ramaswamy, Advocates for R3/ COC ORDER Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial): Precise Facts: 1. In each of these three Company Appeals which had been preferred at the behest of the Telangana Housing Board, Telangana Housing Board have independently put the challenge to the respective Orders p....

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....o. 1317 / 2024, as it was preferred by the Appellant, on 04.10.2024 and the Appeal was e-filed before the Registry of this Tribunal on 03.01.2025 i.e. after a delay of 53 days. The Certified copy of the Order in this case was applied on 13.12.2024 and the copy was received on 19.12.2024 which means, the Application for obtaining the Certified copy of the Order itself was filed after 69 days of pronouncement of the order. (B) Company Appeal (AT) (CH) (INS) No. 156 / 2025: 6. In Company Appeal (AT) (CH) (INS) No. 156 / 2025, the Order was passed on 16.10.2024 in IA No. 1577 / 2024, the Application for obtaining the Certified copy of the Order was filed on 13.12.2024 and a copy of the same was received on 20.12.2024, which apparently sho....

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....of Appeal, which reads as under: "The Certified copy of the impugned order dated 04.10.2024 made ready and received on 08.10.2024 is enclosed herein as Annexure - A." 10. It shows that the Appellant in fact, had received the Certified copy of the Order on 08.10.2024. Given this, the e-filing of the Company Appeal on 03.01.2025, happens to be beyond the prescribed period of limitation as provided under Sub-Section (2) of Section 61 of the I & B Code, 2016, even if it is read with the proviso to it. 11. Further, the plea of there being lack of a Competent Authority to authorize a person to prefer an Appeal within the time limit because of the absence of the HOD on account of Election work has been countered by Mr. VVSN Raju, le....