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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
State Bank of India – Appellant
Versus
Anish Niranjan Nanavaty & Anr. – Respondent
| Table of Content |
|---|
| 1. delay in appeal due to lack of awareness of order. (Para 1 , 2 , 3) |
| 2. presence of counsel contradicts claims of unawareness. (Para 4 , 5 , 6 , 7 , 8) |
| 3. limitation begins from order pronouncement date. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. failure to apply for certified copies affects limitation exclusions. (Para 25 , 26) |
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
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