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Judgment
O R D E R
06.10.2023: I.A. No. 3008 of 2023, I.A. No. 3019 of 2023, I.A. No. 3044 of 2023 and I.A. No. 3084 of 2023 have been filed praying for condonation of delay in filing these Appeals. These Appeals have been filed against the Order dated 24th April, 2023 by which Resolution Plan of the Corporate Debtor has been admitted. These Appeals have been e-filed on 28th June, 2023, 24th June, 2023, 24th June, 2023 and 02nd July, 2023, respectively.
Learned Counsel for the Appellant submits that the Appeals were filed with delay as the Court was closed for summer vacation in the NCLAT and the Appellants were not aware of the Order and they came to know about the Order in June, 2023.
We have already decided I.A. praying for condonation of delay in filing the Appeal i.e. C.A. (AT) Ins. No. 990 of 2023 and has referred to Civil Appeal No. 2212 of 2021 in Safire Technologies Pvt. Ltd. Vs. Regional Provident Fund Commissioner and Anr. where Hon’ble Supreme Court has rejected the submission that time for filing the appeal shall begin form the date of knowledge.
The second submission which has been raised in these Appeals is that due to summer vacation, these Appeals could not be filed and 15 days period shall stand suspended during summer vacation and Appeal could have been filed after reopening of the Court.
A Notification has already been issued by the Registry of NCLAT that even in summer vacation, filing of the Appeal was permissible. The said notification was issued on 30th May, 2023. It is further noticed that even in the summer vacation, court used to function twice a week and Appeals were entertained. E-filing was also permitted as per notification issued by the Registry.
We thus are of the view that submission that 15 days period shall stand suspended during summer vacation cannot be accepted and appeals filed beyond 15 days period after expiry of the limitation period cannot be entertained as our jurisdiction to condone the delay is only 15 days as per Section 61(2) Proviso.
Delay Condonation Applications are dismissed. Consequently, the Memo of Appeals are rejected.