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Judgment
Heard Ld. Counsel for the Appellant as well as Ld. Counsel for the Respondent No. 2.
Ld. Counsel for the Respondent submits that by order dated 19.01.2021 passed in CA (AT) (Ins) No. 22 of 2021 notices were issued to the Respondents. The matter was taken before the Hon'ble Supreme Court in Civil Appeal No. 2212 of 2021 on which Hon'ble Supreme Court vide its Judgment dated 29.04.2022 has taken the view that the Appeal filed before this Tribunal was barred by time.
In the Judgment of Hon'ble Supreme Court dated 29.04.2022 operative portion is as follows:
"The Judgement that is relied upon by the Respondent No.1 relates to Section 18 of the Land Acquisition Act. However, we are concerned with the limitation prescribed by Section 61 of the IBC which fell for consideration of this Court in kalpraj Dharamshi (supra). In the said judgment, it was categorically held by this Court that an appeal against the order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by the NCLT. The Appellate Tribunal has the power to extend the period of limitation by another 15 days.
In view of the aforesaid judgment, we are of the considered view that the Appellate Tribunal committed an error in issuing notice in an appeal that was filed by Respondent No.1 with delay of 388 days.
The Appeal is, accordingly, allowed. Pending application(s), if any, shall stand disposed of."
In view of the above judgment, this Appeal is to be held as barred by time and is hereby dismissed.