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2024 Supreme(Online)(NCLAT) 1446

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Mr. Sanjay Jain – Appellant
Versus
State Bank of India – Respondent


Advocates:
For the Appellant: Ms. Ranjana Gawai, Ms. Shankari Mishra, Ms. Jyoti Khurana, Mr. Pervinder, Mr. Shikher
For the Respondents: Ms. Anika Bajpai, Mr. Anand M. Mishra

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, Section 95 Application was admitted by Order dated 26.02.2024.

3. This Appeal has been e-filed by the Appellant on 22.04.2024 with delay of 26 days. Appellant in his I.A. No.2971/2024 has prayed for following prayers:

“1) Pass an Order for condonation of delay of 26 days in filing the Captioned Appeal;

2) Pass any other further order as this Appellate Tribunal may deem appropriate in the facts and circumsta

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