NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice M. Venugopal (Member(Judicial)) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
M/s. Rolex Logistics Private Limited – Appellant
Versus
M/s LE ECOSYSTEM TECHNOLOGY INDIA PVT LTD.( Under Liquidation) – Respondent
(Virtual Mode)
02.01.2024:
IA No. 1362 / 2023:
Heard Mr. H.R. Shiva Prasad, Learned Counsel appearing for the Petitioner
/ Appellant in IA No. 1362 / 2023 (Condone Delay Application).
According to the Petitioner / Appellant, Mr. Ramesh Upadhya, Chairman
and Director of the Company, was undergoing treatment for Cancer with
Hospitals Viz. Aster Hospital and also at Fortis Hospital and he underwent
Comp App (AT) (CH) (Ins) No.441/2023 Page 2 of 3
numerous treatments, including ‘Chemotherapy’, due to which, getting signature
to the ‘Appeal Papers’ from Mr. Ramesh Upadhya were delayed’ by 9 days and
later signed on 03.11.2023 and it was uploaded to the e-filing website, however,
on 04.11.2023. Mr. Ramesh Upadhya was expired on 08.11.2023.
The reason for the delay was because of the sudden demise of the Chairman
and Director of the Appellant and hence, the delay of 9 days in preferring the
‘instant Appeal’ had occurred.
The Impugned Order in IA No. 469 / 2022 was passed by the `Adjudicating
Authority’, on 27.09.2023. However, IA No. 1362 / 2023 (Condone Delay
Application), came to be filed on 04.11.2023.
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