2026 (4) TMI 313

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.... Jariwala, Advocates for R-1. ORDER ASHOK BHUSHAN, J. These two appeals arises out of the liquidation process of M/s Alps Lesuire Holidays Ltd. Company Appeal (AT) (Ins.) No.39 of 2026 has been filed challenging the order dated 22.08.2025 passed in I.A. No.1404 of 2023 filed by the Liquidator, which appeal came to be e-filed on 04.12.2025. There being delay in filing the Appeal, Appellant has filed I.A. No.147 of 2026 praying for condonation of 74 days delay in filing the appal. Company Appeal (AT) (Ins.) No.126 of 2026 has been filed by the Appellant challenging the order dated 10.10.2025 passed by the NCLT, Delhi Bench, Court No.1 in I.A. No.191 of 2020 filed by the Liquidator. Company Appeal (AT) (Ins.) No.126 of 2026 challengin....

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....port of delay condonation application filed in Company Appeal (AT) (Ins.) No.126 of 2026, Appellant's case is that he was in judicial custody and was released on bail only on 30.10.2025, after which he could applied for certified copy on 14.11.2025 and received the same on 19.11.2025, hence, 6 days exclusion be granted and there is only 16 days delay. Prayers made by the application are as follows: "a. Condone the delay of 16 days in filing the present Appeal for the reason(s) given above; and/ or b. Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case" 5. Learned counsel for the Liquidator opposing the submissions of the Appellant made in th....

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....ation deserves to be rejected. 8. We have considered the submissions of learned counsel for the parties and perused the record. According to own case of the Appellant, delay in filing the appeals are beyond condonable period. In Company Appeal (AT) (Ins.) No.39 of 2026 prayer is to condone delay of 74 days and in Company Appeal (AT) (Ins.) No.126 of 2026 prayer is to condone delay of 16 days. 9. In Company Appeal (AT) (Ins.) No.39 of 2026, from the certified copy of the impugned order it is clear that copy was applied on 16.09.2025 whereas order was passed on 22.08.2025. Thus, the certified copy was applied on behalf of the Appellant on 16.09.2025 during which period the Appellant was in judicial custody. The mere fact the Appellant w....