Expo India International Through Its ... vs Vikram Bajaj

Expo India International Through Its Sole Proprietor Shubham Yadav ...Appellant

Versus

Vikram Bajaj ...Respondent

Present: For Appellant: Mr. Shashank Agarwal, Advocate. For Respondent: Mr. Kunal Godhwani and Mr. Nikhil Jha, Advocates.

ORDER

22.05.2023: I.A. No. 2115 of 2023: This is an application praying for

condonation of delay in filing the appeal. The order impugned was

pronounced by the Adjudicating Authority on 27.02.2023. This Appeal has

been filed in this Tribunal on 17.04.2023.

2. Learned counsel for the Appellant submits that he was sent the certified

copy of the impugned order by the Tribunal by letter dated 01.03.2023, which

he received on 10.03.2023 and from 10.03.2023 appeal has been filed within

45 days, hence, the delay, if any, is only 8 days, which may be condoned.

3. Learned counsel for the Respondent submits that Appellant has not

applied for certified copy of the order, hence, he cannot claim exclusion of any

time in receiving certified copy of the order.

Cont'd.../ 2

4. We have considered the submission of learned counsel for the parties

and perused the record.

5. The copy of impugned order which has been annexed with the appeal

is free of cost copy received by the Appellant. It is not case of the Appellant

that Appellant had applied for certified copy of the impugned order. Exclusion

of the period during which certified copy was under preparation as per Section

6 of the Limitation Act is only permitted.

6. We, thus, are of the view that period for filing the appeal shall

commence, in the present case, from the next date of pronouncement of the

order i.e. from 28.02.2023, the Appeal having filed on 17.04.2023, beyond 45

days, we are unable to condone the delay in filing the Appeal. Delay

Condonation Application is dismissed. Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.638 of 2023