Aditya Goel & Associates vs Ravinder Kumar Goel & Anr
- CitationCompany Appeal (AT) (Insolvency) No. 1500 of 2022
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
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
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