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2024 Supreme(Online)(NCLAT) 1139

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
State Bank of India – Appellant
Versus
Anish Niranjan Nanavaty & Anr. – Respondent


Advocates:
For the Appellant: Mr. N. Venkataraman, ASG, Mr. Sanjay Kapur, Mr. Devesh Dubey, Mr. Arjun Bhatia, Ms. Nishi Bhankaria, Mr. Ribhu Garg
For the Respondents: Mr. Saurav Panda, Ms. Mohana Nijahawan, Mr. Gaurav Arora, Mr. Arun Kathpalia, Ms. Sonali Jain, Mr. Kshitij Wadhwa, Ms. Nafisa Khandeparkar

JUDGMENT

ASHOK BHUSHAN, J.

1. I.A. No. 478 of 2024 is an Application praying for condonation of 18 days delay in filing the Appeal.

2. The Order impugned was passed on 10th November, 2023 and this Appeal has been e-filed on 29.12.2023.

3. In the Delay Condonation Application, the Appellant has submitted that Impugned Order was not available prior to 12.12.2023 and Impugned Order was made available on website of NCLT on 12.12.2023. In paragraph 3 and 4, following reasons have been given for condonation of delay:

“3. That the impugned order is dated 10.11.2023. The period of 30 days, thus starts from 11.11.2023 which expires on 11.12.2023. It is a matter of fact that the impugned order was not available prior to 12.12.2023. The impugned order was made available on the official website of NCLT on 12.12.2023 thereafter the Bank internally discussed the matter& took both internal and external legal opinion on the issue of filing an appeal which took some time and caused delay which was neither intentional nor mala fide. Hence, the appellant is seeking condonation of additional 15 days period as provided under the statute which expires on 26.12.2023.

4. It is humbly submitted that this Hon’ble

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