2026 (4) TMI 220

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....s to the impugned order dated 29.05.2025, that has been rendered by the learned NCLT, Bengaluru Bench, in IA No.893/2024, that was preferred in CP(IB) No.123/BB/2019, wherein the Application, which was preferred under Sub-Section 5 of Section 60 of the I & B Code, 2016, to be read with Rule 11 of the NCLT Rules, 2019, has been rejected. At this stage we are not required to venture into merits of the Appeal, since the applications praying for condoning the delay in filing of the Appeal and in re-filing the Appeal need to be decided at the first instance. 2. The Company Appeal is accompanied with an Application, IA No.1564/2025, seeking condonation of delay of 36 days in filing the Appeal and an Application, IA No.1566/2025 seeking condona....

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....id provision is extracted hereunder: - "Section 61. Appeals and Appellate Authority. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fiftee....

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....serve that, the Appellant has not been fair to this Appellate Tribunal, the reason being that, he has chosen not to disclose the filing of a Writ Petition by him before Hon'ble High Court of Karnataka and the orders passed therein. In the Condone Delay Application, he has pleaded certain grounds for seeking condonation of delay, as contained in para 2 & 3 of the Application which are: (1) that he is based in Mysuru and the orders were passed in Bengaluru, (2) that he came to know of the impugned order only on 02.06.2025, (3) that he had to discuss the same with his counsels in Bengaluru to decide on filing the appeal, and (4) that he had to find a counsel in Chennai and send the relevant documents to him to prepare the Appeal, all of which ....