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Judgment
I.A. No. 1413 of 2024
Heard Counsel for the Appellant.
This is an application praying for condonation of delay in filing the
This Appeal has been e-filed on 05.02.2024 against the order dated 21.12.2023 passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench – V).
Counsel for the Appellant submits that Appellant has applied for a certified copy of the order on 18.01.2024, but no receiving was taken up on the said application and the said copy was not available with the Registry and hence the Appellant again applied for certified copy of the order on 23.01.2024 and certified copy was received thereafter.
It is further submitted that although the case was shown on the cause list but no SMS or email was sent to the Appellant or his Counsel about the listing of the matter.
It is admitted by the Counsel for the Appellant that the case was shown in the Cause List and when the case is shown in the Cause List it is ample Notice to the parties and the submission that in addition to the case shown in the Cause List, email and SMS should be also sent cannot be accepted.
Furthermore, the application was filed by the Appellant itself under 8. The second submission of the Appellant is that certified copy was applied on 18.01.2024 which has been filed as Annexure A and when it was not available, another copy was applied on 23.01.2024 which is Annexure B of the Affidavit.
When we look into Annexures A & B, it is clear that the application which was filed for certified copy on 23.01.2024 there is a Diary No. mentioned and date and time of filing the application. Whereas Annexure A which is filed by the Appellant does not mention any receiving of the NCLT or any Diary No.
We thus are not able to accept the submission that the certified copy was applied on 18.01.2024. The certified copy having been applied on 23.01.2024 i.e., after 30 days from passing of the order. Appellant is not entitled for any benefits or exclusion of time taken in obtaining certified copy of the order.
The delay in the appeal is beyond 15 days i.e., un-condonable period since our jurisdiction to condone the period is only 15 days as per Section 61(2) proviso.
The delay being beyond condonable period, we are of the view that delay condonation cannot be allowed.
The delay condonation is rejected. Memo of appeal is also rejected.