Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal before NCLAT - Condonation of delay - Delay of 44 days in filing appeal - Limitation period prescribed to prefer an appeal is 30 days - There was delay of 44 days in preferring appeal, which was beyond the period of 15 days which maximum could have been condoned - NCLAT committed no error in dismissing appeal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - There should be liberal exercise of discretion to condone delay, once explanation comes within what the law understands as `sufficient cause'...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Condonation of delay - As per Supreme Court Order period of 15.03.2021 to 14.03.2021 to be excluded while calculating limitation period in light of COVID pandemic - Period of limitation of 90 days not expired prior to 15.03.2021 - Appeal filed on 25.01.2021 which is within period excluded by Supreme Courts order -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2312 days in filing appeal - Reasons given in application for condonation of delay do not really make it out to be a sufficient cause - Mechanical reasons have been given for the same - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 30 days in filing second appeal - Averments contained in application are quite vague and do not provide sufficient cause for delay in filing application - Each day delay is required to be explained by appellants which is not forthcoming in the case - Appellants not able to make out a case for condonation of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116, 117, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay in filing appeal u/s 37 of Arbitration and Conciliation Act - Appeals filed u/s 37 of Arbitration and Conciliation Act are governed by Arts.116, 117 of Limitation Act or S.13(1-A) of Commercial..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing appeal - Negligence on the part of employees of Municipal Corporation is quite a natural phenomenon - That by itself will not deprive statutory corporation, to avail its right to scrutinize the judgment of trial Court before First Appellate Court - Delay condoned subject to payment of..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Condonation of delay - Delay of 53 days in filing appeal u/s 19 of Family Courts Act - Delay occurred due to improper advice about limitation of filing appeal - Delay is not inordinate or intentional - Delay appears to have been caused due to bona fide reason - There is thus, sufficient explanation for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 449 days in filing first appeal - First appeal filed by similarly situated appellants have already been allowed - Keeping in view the averments made in application, prayer for condonation of delay is squarely covered in favour of appellant - Delay condoned...........
