The appeal was filed against an order dated 14.10.2022 passed by the Adjudicating Authority (NCLT, Mumbai) in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the impugned order on 02.11.2022. The appellant's counsel submitted that the copy of the order was uploaded on 15.11.2022, arguing that the appeal could not have been filed prior to that. The impugned order was passed on 14.10.2022, with a 30-day limitation period until 14.11.2022. The e-filing of the appeal occurred on 14.12.2022, and the physical copy was filed on 15.12.2022, resulting in a delay exceeding 15 days.
The Adjudicating Authority (NCLT, Mumbai) passed an order on 14.10.2022 in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the order on 02.11.2022, which was uploaded on 15.11.2022. The appeal was e-filed on 14.12.2022 and physically filed on 15.12.2022, resulting in a delay exceeding 15 days. The appellant sought condonation of the delay, relying on a judgment from the Chennai Bench of the Tribunal and Section 14 of the Limitation Act. The court found that the delay could not be condoned as it exceeded the permissible 15 days under Section 61 of the IBC and that Section 14 of the Limitation Act was not applicable in this case.
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The Adjudicating…
The appellant applied…
The appeal was filed against an order dated 14.10.2022 passed by the Adjudicating Authority (NCLT, Mumbai) in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the impugned order on 02.11.2022. The appellant's counsel submitted that the copy of the order was uploaded on 15.11.2022, arguing that the appeal could not have been filed prior to that. The impugned order was passed on 14.10.2022, with a 30-day limitation period until 14.11.2022. The e-filing of the appeal occurred on 14.12.2022, and the physical copy was filed on 15.12.2022, resulting in a delay exceeding 15 days.
The Adjudicating Authority (NCLT, Mumbai) passed an order on 14.10.2022 in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the order on 02.11.2022, which was uploaded on 15.11.2022. The appeal was e-filed on 14.12.2022 and physically filed on 15.12.2022, resulting in a delay exceeding 15 days. The appellant sought condonation of the delay, relying on a judgment from the Chennai Bench of the Tribunal and Section 14 of the Limitation Act. The court found that the delay could not be condoned as it exceeded the permissible 15 days under Section 61 of the IBC and that Section 14 of the Limitation Act was not applicable in this case.
The Adjudicating…
The appellant applied…