ORDER

(04.10.2024)

Per: Justice Rakesh Kumar Jain:

This order shall dispose of an application bearing I.A. No. 5695 of 2023 filed by the Appellant in CA (AT) (Ins) No. 811 of 2022, seeking condonation of delay of 3 days in filing of the appeal.

2. In brief, CA (AT) (Ins.) No. 811 of 2022 is filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (in short ‘Code”) against the impugned order dated 27.04.2022 by which the application filed by the Appellant under Section 9 of the Code r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against Respondent No. 1 bearing CP (IB) No. 2082/KB/2019 has been dismissed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench).

3. Notice in the application for condonation of delay was issued to which reply has been filed by Respondent No. 1.

4. Impugned order was passed on 27.04.2022 by the Tribunal. Certified copy of the impugned order was prepared on 29.04.2022 which was received by the Appellant through registered post on 09.05.2022. The appeal was prepared on 27.05.2022 and e-filed on 30.05.2022. A delay of 3 days has occurred in filing the appeal.

5. Averments made by the A