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Amrender Thakur & Ors vs Avj Developers (India) Pvt. Ltd. & Ors

National Company Law Appellate Tribunal11 February 2020

Ratio decidendi

The rule this decision rests on

The period for filing an appeal under Section 61(1) of the Insolvency and Bankruptcy Code, 2016 is thirty days from the date of the impugned order, and under the proviso to Section 61(2) the Appellate Tribunal's power to condone delay is confined to a further period not exceeding fifteen days, upon being satisfied of sufficient cause. An appeal filed beyond the thirty-day period, and beyond the fifteen-day extension the Tribunal may grant, is time barred and is liable to be disposed of on that ground without examination of the merits.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Ins) No.199 of 2020IN THE MATTER OF:

Amrender Thakur & Ors. ...Appellants

Versus

M/s. AVJ Developers (India) Pvt. Ltd. & Ors. ...Respondents

For Appellants: Shri Abhishek Amritanshu, Shri Hassan Zubair Waris and Shri Deepak Mani Tripathi, Advocates

For Respondents: None

ORDER

11.02.2020 Heard Advocate- Shri Abhishek Amritanshu for the

Appellant. This Appeal has been filed against Impugned Order dated 21st

October, 2019 passed in CP No.IB-654(PB)/2019, by the Appellants. It is

stated that Appellants are home buyers. By the said Order, the Application

under Section 7 of Insolvency and Bankruptcy Code, 2016 (IBC - in short)

was admitted by the Adjudicating Authority (National Company Law Tribunal,

New Delhi Principal Bench). This Appeal was presented on 21st January, 2020

which is 3 months after the passing of the Impugned Order. In the Appeal, it

is vaguely stated regarding limitation that the Appeal is within period specified

in Sub-Section (2) of Section 61 of IBC. Sub-Section (2) of Section 61 of IBC

reads as under:-

"(2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal:

-2- Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days."

2. Clearly the Appeal has to be filed within 30 days and the power of this

Tribunal to condone the delay for sufficient cause is only that of 15 days.

3. The learned Counsel for the Appellants states that earlier the Director

and shareholders had filed Company Appeal (AT) (Insolvency) No.1137/2019.

The Counsel states that in that Appeal, another group of home buyers were

Intervenors. It is stated that the said Appeal was not pursued and got

dismissed for non-prosecution. Thus, the Counsel states that this Appeal got

delayed.

4. Although the learned counsel stated that this Appeal is by the home

buyers, the Affidavit of Appellant No.1 - Amrender Thakur (Page 53 - 54)

claims that he is shareholder of the Corporate Debtor. The Counsel now is

saying that it is typing error but we need not go into the same.

5. The Counsel is raising various grievances against the IRP (Insolvency

Resolution Professional) and actions being taken by IRP. We cannot enter into

those questions and it is for the Appellants to resort to appropriate remedy

before the Adjudicating Authority.

Company Appeal (AT) (Ins) No.199 of 2020 -3-

6. Considering provisions of Sub-Section (2) of Section 61, the Appeal is

time barred. The Appeal is disposed accordingly.

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

(Justice A.B. Singh) Member (Judicial)

[Kanthi Narahari] Member (Technical) /rs/md

Company Appeal (AT) (Ins) No.199 of 2020

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