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Judgment
ORDER
The defects as pointed by the Registry would stand overruled.
The Appellant has preferred the instant Company Appeal, being aggrieved against the impugned order dated 28.08.2023, that has been rendered by the Learned NCLT, Hyderabad Bench, in the proceedings of IA Nos.1082 & 1083/2022 as preferred in CP(IB) No.278/7/HDB/2018.
The Company Appeal is accompanied with a Condone Delay Application, being IA No.1690/2025, where the Appellant has sought a condonation of 173 days of delay, though it is otherwise reported by the Registry to be 177 days of delay.
The Company Appeal is also accompanied with a Condone Delay Application in refiling of the Appeal being IA No.1691/2025, where the Appellant has sought a condonation of 207 days of delay, though it has been reported by the Registry that the delay in refiling is of 206 days of delay.
The variance in number of days of delay chanced in filing in appeal and in refiling of these two Appeals as pleaded by the Appellant and as reported by the Registry will hardly have any bearing on the proceedings, for the reason being that, the number of days of delay that has been sought to be condoned is much beyond the period as prescribed under the proviso to Sub-Section (2) of Section 61 of the I & B Code, 2016. It has to be kept in mind that this Appellate Tribunal under the law does not have any power to extend the period of filing of the Appeal beyond the upper limit of 45 days as prescribed therein under Section 61(2) of the I & B Code, 2016.
For the aforesaid reason, the Condone Delay Application, being IA No.1690/2025, and the application IA No.1691/2025 seeking Condonation of Delay in Refiling, would stand rejected, since having been preferred beyond the prescribed period of statutory limitation given under Section 61(2) of the I & B Code, 2016.
Consequently, the Company Appeal (AT) (CH) (Ins) No.607/2025, too would stand dismissed on this ground itself.