Alok Tripathi And Anr vs Mohit Kumar Gupta Liquidator For ...
- CitationComp. App. (AT) (Ins) No. 895 of 2025
Ratio decidendi
The rule this decision rests on
The appellate jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the prescribed limitation period, and the Appellate Tribunal has no power to condone a delay exceeding that period, however compelling the explanation offered (the personal difficulty and bereavement relied on here notwithstanding).
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Alok Tripathi & Anr. ...Appellants
Versus
Mohit Kumar Gupta ...Respondent Liquidator for Benchmark Supply Chain Solutions Pvt. Ltd. & Anr. Present: For Appellants : Mr. Parv K Garg, Advocate For Respondents : Mr. Aniket Gautam, Mr. Addtya Kapoor, Mr. Siddharth Kuschh, Advocate
ORDER
(Hybrid Mode) 11.08.2025: I.A. No. 3511 of 2025
This is an Application praying for condonation of 51 days' delay in filing
the appeal. Impugned order was passed on 05.03.2025 and this appeal has
been e-filed on 24.05.2025. Our jurisdiction to condone the delay is limited
to 15 days as per section 61(2) proviso of IBC.
2) Learned counsel for the appellant submits that due to some personal
difficulty and appellant suffered some bereavement in family, due to which
delay is caused in filing the appeal. The jurisdiction to condone the delay
being limited to 15 days, we are unable to consider the prayer to condone
the delay of 51 days.
3) Learned Counsel for the respondent has rightly placed reliance on the
judgment of Supreme Court in Tata Steel Ltd. v. Raj Kumar Banerjee & Ors. (Civil Appeal No. 408 of 2023), in support of his Submission that delay of
more than 15 days cannot be condoned.
4) We are thus of the view that, delay condonation application cannot be
accepted.
Delay condonation application rejected. Memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) tushar/nn
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