Miss Lucy
← All judgments

Aditya Goel & Associates vs Ravinder Kumar Goel & Anr

National Company Law Appellate Tribunal31 January 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal's power to condone delay in filing an appeal is limited to a further period of fifteen days beyond the prescribed period of thirty days, and it cannot be extended beyond that outer limit. Where no application for a certified copy of the impugned order has been made, the benefit of Section 6 of the Limitation Act, 1963 is unavailable, so the limitation period runs from the date of the order itself and not from the date of receipt of a free copy.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1500 of 2022

IN THE MATTER OF: Aditya Goel & Associates ...Appellant

Versus Ravinder Kumar Goel & Anr. ...Respondents

Present: For Appellant: Advocate Mayank Wadhwa, Advocate Muskan Gupta. For Respondent: Iswar Mohapatra, Advocate for R-1

ORDER

31.01.2023: This Appeal has been filed against the Order dated

28.09.2022 by which Order the Application I.A. No. 18 of 2021 filed by the

Appellant has been rejected.

2. This Appeal has been e-filed in this Tribunal on 16.11.2022 and

physically filed on 17.11.2022.

3. Learned Counsel for the Appellant submits that the Appellant received the

free of cost copy of impugned order vide letter dated 06.10.2022 hence the Appeal

is not barred by time. Learned Counsel for the Appellant submits that he was

entitled to file the Appeal within 45 days from the date of receipt of the Order. It

is submitted that by the Impugned Order several IAs were disposed of. 2

4. The Order having been passed on 28.09.2022, the period of limitation shall

commence. Present is not a case where Appellant had filed any application for

certified copy of the Impugned Order where he will get benefit of Section 6 of the

Limitation Act, 1963. From the Order dated 28.09.2022, 30 days period came to

an end on 28.10.2022. Delay in filing the Appeal is beyond 15 days, we are

unable to condone the delay. Our jurisdiction to condone the delay is limited to

only 15 days under Section 61(2) Proviso of I&B Code, 2016.

Delay Condonation Application (I.A. NO. 404 of 2023) is dismissed.

Consequently, the Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 1500 of 2022

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free