The case involves an appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 against an order dated March 11, 2022, passed by the National Company Law Tribunal (NCLT), New Delhi Bench-V. The memo of appeal was presented on April 13, 2022, and defects were communicated to the appellant on April 19, 2022. The appellant refiled the memo on June 8, 2022, with a delay of 43 days. The Registrar placed the matter before the bench under the heading 'For Admission (Fresh Cases) with defects'. The core issue revolves around whether the delay in refiling the appeal can be condoned and whether the appeal should be treated as a fresh appeal.
Mr. V R Ashok Rao filed an appeal against TDT Copper Limited, challenging an order passed by the National Company Law Tribunal (NCLT), New Delhi Bench-V, on March 11, 2022. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016. The memo of appeal was presented on April 13, 2022. Defects in the appeal were communicated to the appellant on April 19, 2022. The appellant refiled the appeal on June 8, 2022, resulting in a delay of 43 days. The Registrar of the Tribunal noted the delay and placed the matter before the bench for admission as a 'Fresh Case with defects'. The appellant argued that the delay should be condoned, while the respondent argued that the refiling should be treated as a fresh appeal and the delay cannot be condoned because it
…Sign in to view the parties.
Order passed by the…
Memo of Appeal…
The case involves an appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 against an order dated March 11, 2022, passed by the National Company Law Tribunal (NCLT), New Delhi Bench-V. The memo of appeal was presented on April 13, 2022, and defects were communicated to the appellant on April 19, 2022. The appellant refiled the memo on June 8, 2022, with a delay of 43 days. The Registrar placed the matter before the bench under the heading 'For Admission (Fresh Cases) with defects'. The core issue revolves around whether the delay in refiling the appeal can be condoned and whether the appeal should be treated as a fresh appeal.
Mr. V R Ashok Rao filed an appeal against TDT Copper Limited, challenging an order passed by the National Company Law Tribunal (NCLT), New Delhi Bench-V, on March 11, 2022. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016. The memo of appeal was presented on April 13, 2022. Defects in the appeal were communicated to the appellant on April 19, 2022. The appellant refiled the appeal on June 8, 2022, resulting in a delay of 43 days. The Registrar of the Tribunal noted the delay and placed the matter before the bench for admission as a 'Fresh Case with defects'. The appellant argued that the delay should be condoned, while the respondent argued that the refiling should be treated as a fresh appeal and the delay cannot be condoned because it
…Order passed by the…
Memo of Appeal…