Anil Baldva vs Rishabh Chand Lodha
- CitationCompany Appeal (AT)(Insolvency) No. 1690 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's jurisdiction to condone delay in filing an appeal is confined to the statutory period of limitation, so that where an appeal is filed beyond the statutory period plus the maximum permissible condonation period, the Tribunal has no power to condone the delay and must reject both the application for condonation and the appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Anil Baldava & Ors. ...Appellants
Versus
Rushabh Chand Lodha ...Respondent
Present:
For Appellants : Appearance not marked. For Respondent : Mr. Abhishek Naik, Advocate.
ORDER
(Hybrid Mode)
12.09.2024: This is an application for condonation of 105 days' delay in
filing the appeal. The impugned order was filed on 29.02.2024 and the appeal
has been re-filed on 01.07.2024 after a delay of 109 days.
Learned Counsel for the Appellant submits that he made effort on
15.04.2024 and sent an e-mail to the Registrar that the portal was not working
and hence the delay may be computed from 15.04.2024 when he made efforts.
The fact that appeal was e-filed only on 01.07.2024 which is a fact
recorded by the Registry. Even if on 15.04.2024 he made efforts to file appeal,
it was the 16th day after expiry of 30 days' period.
... contd...p/2.
The appeal having been clearly filed after 15 days of expiry of limitation
period, this Court has no jurisdiction to condone such delay. Application for
condonation of delay is rejected. The appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
(Mr. Arun Baroka) Member(Technical)
akc/Nn
Company Appeal (AT)(Insolvency) No. 1690 of 2024 & I.A. No. 6170 of 2024 Page 2 of 2
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