Agrawal Structure Mills Private ... vs Dr. Bankim Shukla
- CitationCompany Appeal (AT) (Insolvency) No. 520 of 2025
Ratio decidendi
The rule this decision rests on
Where an order is pronounced in open court, limitation for an appeal runs from the day after pronouncement, and a party's lack of knowledge of the pronouncement is not a ground for stopping the running of limitation. The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the proviso to Section 61(2) to a period of fifteen days beyond the prescribed limitation period; where the delay exceeds that condonable period, the application for condonation cannot be allowed, and the appeal is consequently rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Agarwal Structure Mills Pvt. Ltd. ...Appellant
Versus
Dr. Bankim Shukla & Anr. ...Respondents
Present: For Appellant: Mr. Praipta Varma, Advocate. For Respondents: Ms. Aakanksha Nehra, Ms. Arushi Vig, Advocates with Dr. Bankim Shukla, in person for R-1.
ORDER
(Hybrid Mode)
01.05.2025: I.A. No. 1980 of 2025: This is an application praying for
condonation of 34 days' delay in filing the appeal. Order impugned was
pronounced on 07.11.2024 and this appeal has been e-filed on 11.01.2025
with delay of 34 days.
2. Learned counsel for the Appellant submits that the Appellant could not
know about the order although the counsel was vigilant in this regard.
3. When the order was pronounced in the open Court, limitation shall
start commence from the next day and submission that the Appellant could
not know of the pronouncement cannot be a ground to stop running of
limitation.
Cont'd.../ 2
4. In any view of the matter, our jurisdiction to condone delay is limited to
only 15 days under Section 61(2) proviso. The delay being beyond condonable
period, application for condonation of delay cannot be allowed. Application
for Condonation of Delay is rejected. In result, Memo of Appeal is also
rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Ins.) No.520 of 2025
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