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Judgment
ORDER
Justice M. Venugopal, Member (Judicial)
The Petitioner / Appellant has preferred an instant IA No.770/2022 in Company Appeal (AT)(CH)(Ins) No.341/2022, seeking to ‘condone the delay’ of ‘14 Days’, in filing the instant Comp. App. (AT)(CH)(Ins) No.341/2022, impugning the order dated 24.06.2022, in IA/132/2020 in CP (IB) No.228/BB/2018, passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Bengaluru Bench, Bengaluru).
According to the ‘Applicant’ / ‘Appellant’ / ‘Resolution Applicant’ was represented by the Director, Mr. Rohan Agarwal, who was managing the entire case, relating to CP (IB) No.228/BB/2018, and because of the severe ill-health of the said person, who was suffering from ‘viral fever’, he could not effectively instruct the Learned Counsel to ‘prepare and file’ the present ‘Memorandum of Appeal’ within ‘30 Days’ time prescribed, under the ‘Statute’.
Furthermore, the reasons assigned in IA No.770/2022 in Comp. App. (AT)(CH)(Ins) No.341/2022 are ‘Bonafide’ and the ‘delay’ that has occurred, is not a ‘deliberate’ / an ‘intentional’ one. Therefore, the ‘Petitioner’ / ‘Appellant’ prays for ‘condoning the delay’ of ’14 Days’, in preferring the ‘Appeal’ in IA/770/2022 in Comp. App. (AT)(CH)(Ins) No.341/2022.
On behalf of the 1st and 2nd Respondents, it is projected before this ‘Tribunal’, that the ‘Petitioner’ / ‘Appellant’ has failed to furnish ‘Sufficient Cause’, in regard to the delay of ‘14 Days’, that has occurred in preferring the instant Comp. App. (AT)(CH)(Ins) No.341/2022, before this ‘Tribunal’.
According to the 3rd Respondent, it is vital for a ‘Party’ to set out the reasons for ‘each day’s delay’ and further that failure to ‘satisfy’ / ‘set out the reasons’ for even a ‘Single Day’s Delay’, clearly requires the IA No.770/2022 in Comp. App. (AT)(CH)(Ins) No.341/2022, filed by the ‘Petitioner’ / ‘Appellant’ is liable to be ‘dismissed’ in the interest of ‘Justice’.
On a careful consideration of respective contentions, this ‘Tribunal’, keeping in mind that the ‘Petitioner’ / ‘Appellant’ has come out with a reason that because of ‘ill-health’ of the person in-charge, who was suffering from ‘viral fever’, he could not effectively instruct the Learned Counsel for the ‘Appellant’ to ‘prepare’ and ‘file’ the instant Comp. App.(AT)(CH)(Ins) No.341/2022, within ‘30 Days’ time period, under the ‘Insolvency & Bankruptcy Code, 2016, this ‘Tribunal’, considering the fact that the instant Comp. App. (AT)(CH)(Ins) No.341/2022 is filed within 30 + 15 = 45 Days, in all, before this ‘Tribunal’, by taking a lenient, liberal, practical, purposeful, rational and pragmatic view, ‘condones the delay’ of ‘14 Days’, in preferring the instant Comp. App. (AT)(CH)(Ins) No.341/2022 by the ‘Appellant’, to secure the ends of ‘Justice’. Consequently, the IA/770/2022 in Comp. App. (AT)(CH)(Ins) No.341/2022 is Allowed. No Costs.