General Manager Eastern Railway And Ors vs Palogrix Infraservices Private Limited

I.A. No. 3195 of 2022 in Company Appeal (AT) Ins. No. 1097. This Application has been filed praying for condonation of delay of 44 days in refiling the Appeal. The ground taken in the Affidavit is that Appellant is based on Kolkata and are required to sign the Application along with the Documents. He further submits that removal of defects took sufficient time.

Cause shown sufficient, refiling delay of 44 days is condoned. I.A. No. 3195 of 2022 is allowed.

I.A. No. 3246 of 2022 in Company Appeal (AT) Ins. No. 1097. This is an Application praying for condonation of delay of 106 days in filing the Company Appeal (AT) Ins. No. 1097 of 2022. This Appeal has been filed against the Order dated 25th November, 2021 passed by the National Company Law Tribunal, Kolkata Bench and the present Appeal has been filed on 01st July, 2022. The delay is beyond 15 days. The power of this Tribunal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is only to condone the delay is maximum 15 days. We thus are unable to accept the grounds in the Application. Delay beyond 15 days cannot be condoned in exercise of power under Section 61(2) of the Code. Delay Condonation Application i.e. 3246 of 2022 is dismissed consequently the memo of Appeal is rejected.