Amit Singhal & Anr vs Experion Developers Pvt. Ltd

Amit Singhal & Anr. .... Appellants

Vs

Experion Developers Pvt. Ltd. .... Respondent

Present: For Appellants: Mr. Aditya Parolia, Mr. Piyush Singh and Mr. Nithin Chandran, Advocates.

For Respondent: Mr. NPS Chawla and Mr. Sujoy Datta, Advocates.

ORDER

26.09.2019 The Appellants claimed to be allottees preferring this

Appeal against order dated 17th July, 2019 passed by the Adjudicating

Authority (National Company Law Tribunal), New Delhi, Bench-III, rejecting

the application under Section 7 of the Insolvency and Bankruptcy Code,

2016 (for short the 'I&B Code') filed by the Appellants.

2. The Appeal has been filed 26 days beyond the 30 days' period for

preferring the Appeal and, therefore, this Appellate Tribunal has no

jurisdiction to entertain the Appeal in terms of sub-section (2) of Section 61

of the Insolvency and Bankruptcy Code, 2016 (for short 'I&B Code'). Learned

Counsel for the Appellant tried to explain the reasons for preferring the

appeal after 56 days from the impugned order, i.e., 26 days beyond the 30

days' period prescribed for filing the Appeal, but the question of condonation

of delay does not arise.

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3. On merits, the learned Counsel for the Appellant submitted that they

are the allottees. On the other hand, according to the learned Counsel for

the Respondent the installment amount having been not paid by the

Appellants in terms of the Agreement, the Agreement was cancelled in the

year 2015 and the amount was refunded. Subsequently, the Appellants have

moved before the Consumer Forum for refund of the said amount.

4. In the present case, we are not going into the merit, as we have no

jurisdiction to entertain the Appeal, which is accordingly dismissed.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A.I.S. Cheema] Member (Judicial)

[Kanthi Narahari] Member (Technical)

Ash/GC Company Appeal (AT) (Insolvency) No. 992 of 2019 Page 2 of 2