Naresh Salecha ORDER
Rakesh Kumar Jain, J. (Member (J))
1. This appeal is filed by an ex-director of the Corporate Debtor against the order dated 20.09.2022, passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court - III) by which an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') Read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016 (in short 'Rules') bearing IB-306/ND/2022 filed by the Financial Creditor (M/s. Paramveer Distributors Pvt. Ltd.) against the M/s. Pushpa Builders Ltd. (Corporate Debtor) has been admitted.
2. The Appellant has filed this appeal alongwith an application bearing I.A. No. 4282 of 2022 invoking Rule 11 of the NCLAT Rules, 2016 (in short 'Rules, 2016) for condonation of delay of 12 days in filing of the appeal. In Para 3 of the Application, reasons have been assigned for condonation of delay alleging that "this appeal petition delay is due to multi ailments of health issues of Appellant who is 70 years old senior citizen having under gone heart surgery, suffering from self-collapse of vertebral D10 & D11 causing difficulty in body movements, high level diabetic problem & blood pressure and also a post corona patient with law immunity to recurring fall prey to infections and viral ailments resulting in communication gap of the Appellant with his counsel in delay in filing the appeal petition. That the delay is neither intentional nor deliberate but due to some circumstances beyond the control of the Appellant."
3. Counsel for the Appellant has submitted that the ex-parte order has been passed on 20.09.2022 and because of the reasons mentioned in Para 3 of the application, delay of 12 days has been caused in filing of the appeal which may be condoned.
4. On the other hand, Counsel for Respondent has submitted that the impugned order was passed on 20.09.2022. The period of 30 days prescribed for filing of the appeal had expired on 21.10.2022. The additional period of 15 days also expired on 04.11.2022 whereas the application for condonation is verified on 07.11.2022 and filed on 09.11.2022 and is thus beyond the period of entire 45 days and as such the application for condonation of delay is not maintainable. In support of his submissions, he has relied upon two judgments of the Hon'ble Supreme Court ........