Abhishek Gupta Proprietor Nirmal ... vs J P M Automobiles Limited
- CitationCompany Appeal (AT) (Insolvency) No. 1444 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of 15 days beyond the period prescribed by the proviso to Section 61(2), and it cannot condone a delay exceeding that condonable period, however sufficient the cause shown. Where an appeal is filed beyond the condonable period under Section 61(2) proviso, the appeal is liable to be rejected on that ground alone, and the memo of appeal falls with the rejection of the delay condonation application. An application to condone the delay in refiling an appeal that has been rejected for want of jurisdiction is rejected where no cause is shown for the refiling delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Abishek Gupta, (Proprietor) Nirmal Industries ...Appellant Versus JPM Automobiles Ltd. ...Respondent
Present: For Appellant : Mr. Abhay Pratap, Advocate.
For Respondent : Ms. Snehpreet Kaur, Advocate.
ORDER
(Hybrid Mode)
01.12.2025 : I.A. No. 5631/2025
1. This is an application praying for condonation of 52 days delay in filing
of the appeal.
2. The order impugned was passed on 10.09.2024 and this appeal has
been e-filed on 02.12.2024.
3. Learned counsel for the appellant submits that there was certain
tragedy in the family due to which the delay has been caused.
4. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso of the IBC.
5. The delay being beyond the condonable period, we are unable to
condone the delay as prayed for.
Delay condonation application is rejected. Consequently, memo of
appeal is also rejected.
I.A. No. 5581/2025
1. This is an application praying for condonation of 253 days delay in
refiling of the appeal.
2. There is no such cause shown for condonation of refiling delay.
3. Refiling delay condonation application is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/md
Comp. App. (AT) (Ins.) No. 1444 of 2025 & I.A. Nos. 5581, 5631 of 2025 2 of 2
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