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Agrawal Structure Mills Private ... vs Dr. Bankim Shukla

National Company Law Appellate Tribunal1 May 2025Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 520 of 2025& I.A. No. 1904, 1980 of 2025

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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