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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Mr. Sanjay Jain – Appellant
Versus
State Bank of India – Respondent
| Table of Content |
|---|
| 1. appellant requests condonation of delay in appeal filing. (Para 1 , 2 , 3) |
| 2. determination of delay condonation jurisdiction limits and argument justification. (Para 4 , 5 , 10 , 11) |
| 3. discussion on service of notice validity and argument of fraud against the appellant. (Para 6 , 7 , 12) |
| 4. court's determination regarding jurisdiction limits under section 61(2). (Para 9 , 14 , 18) |
ORDER
ASHOK BHUSHAN, J.
I.A. No. 2971/2024 has been filed by the Appellant praying for condonation of 26 days delay in filing the Appeal. The Adjudicating Authority by Impugned Order dated 26.02.2024 admitted the Section 95 Application filed by the State Bank of India (SBI) against the Appellant, Sanjay Jain filed under Section 95.
2. In Section 95 Application, Notices were issued to the Appellant on 06.01.2023, which returned unserved. Adjudicating Authority had passed an Order permitting substituted service by Publication in the Newspapers. Notices were published in the 2 Newspapers. Adjudicating Authority passed an Order on 23.11.2023 holding that despite service of Notice by substituted mode, no one has appeared, and the Personal Guarantor is set an Ex-Parte. After the said Order, Sectio
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