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Information Tv Pvt. Ltd vs Neesa Leisure Ltd

National Company Law Appellate Tribunal31 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The period spent obtaining a certified copy of an impugned order is excluded from the limitation period for an appeal only where the application for the certified copy is made within the prescribed limitation period; where the application for the certified copy is made after that period has expired, no such exclusion is available. Where the limitation period has already expired before the certified copy is applied for, the tribunal's power to condone delay is confined to the statutory maximum extension of 15 days, and delay beyond that cannot be condoned.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 907580 of 2023IN THE MATTER OF:

Information TV Pvt. Ltd. ...Appellant

Versus

Amit Jain ...Respondent

Present: For Appellant: Ms. Shweta Pandey, Advocate For Respondent: Mohd. Shahan Ulla, Mr. Varun Kalra, Mr. Nikunj Mahajan, Advocates

ORDER

31.07.2023: This is an application for condonation of delay in filing the

Appeal.

2. This Appeal has been filed against the Order dated 01st September, 2022

passed by National Company Law Tribunal, Ahmedabad Bench. This Appeal

has been e-filed on 18.11.2022.

3. Learned Counsel for the Appellant in support of Delay Condonation

Application contends that Application for certified copy of the Order was made

on 18.10.2022 and Copy was received on 09.11.2022 hence the Appellant is

entitled for the benefit of period from 18.10.2022 to 09.11.2022.

4. The Order has been passed on 01.09.2022 and when Certified Copy is

applied within the period of limitation i.e. 30 days, the Applicant is entitled for

exclusion of the period which is consumed in preparation of the certified copy

of the Order and when an Application is filed for certified copy beyond 30 days, -2-

the Applicant is not entitled for exclusion of period in obtaining the certified

copy of the Order.

5. In any view, when certified copy was applied on 18.10.2022, 45 days

was already over. The jurisdiction of this Tribunal to condone the delay is

limited to 15 days only hence we are unable to condone the delay in filing the

Appeal.

6. Delay Condonation Application is dismissed, the Memo of Appeal is

rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 907580/2023

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