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Anil Kumar Kulshrestha vs Concord Infrastructure Pvt Ltd

National Company Law Appellate Tribunal25 January 2022

Ratio decidendi

The rule this decision rests on

The condonation application under the limitation provision governing appeals to the Tribunal is rejected where the appellant, claiming late knowledge of the impugned order, fails to give any particulars of how or when knowledge was acquired, and the record shows the order was uploaded on the official website well before the limitation period expired and was in fact challenged in time by another party against the same order, so that no sufficient reason is made out for an inordinate delay of more than one and a half years.

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. 977 of 2021IN THE MATTER OF:

Anil Kumar Kulshrestha & Ors. ...Appellants

Versus

Concord Infrastructure Pvt. Ltd. & Ors. ...Respondents

Present: For Appellants: Mr. Sunil Singh and Ms. Mukti Singh, Advocates. For Respondents: Mr. Abhishek Anand, Mr. Nipun Gautam and Mr. Samriddh Bindal, Advocates for RP. Mr. U. N. Singh, Advocate for R-4.

ORDER

(Virtual Mode)

25.01.2022: Heard Shri Sunil Singh, learned counsel for the Appellants

and Shri Abhishek Anand, learned counsel for the Respondent - Resolution

Professional. I.A. No. 2608 of 2021 has been filed by the Appellants for

condonation of delay. This Appeal has been filed against order dated

23.09.2019 passed in CA No. 113 of 2019 in C.P. No. IB - 1059/ND/2018 by

the Adjudicating Authority (National Company Law Tribunal, New Delhi (Court

-IV).

2. This Appeal has been filed on 20.10.2021 by the Appellants. There is

delay of more than 1.5 years in filing this Appeal. The Appellants' case in the

Application is that the Appellants came to know about passing of the

impugned order on 07.03.2021 thereafter they have filed the Appeal.

3. A reply to the Application has been filed by the Resolution Professional,

where it has been stated that the impugned order/judgment of the

Adjudicating Authority was uploaded on the official website before 31.10.2019.

Cont'd..../ 2

Since thereafter an Appeal was filed by the Resolution Professional against the

same judgment before this Tribunal being Company Appeal (AT) (Ins.) No.

1231 of 2019, which ultimately has been dismissed on merits by this Tribunal

by its judgment and order dated 05.01.2022.

4. The Appellants before us are claiming to be Homebuyers who are

challenging the impugned order with delay. In the application there is no

detail as to how the Appellants claim that they had knowledge of the order

only on 07.03.2021 when the order was uploaded on the website before

31.10.2019, which has been stated in the reply and on the basis of same

uploaded order an Appeal was filed by the Resolution Professional in this

Court challenging the same very order being Company Appeal (AT) (Ins.) No.

1231 of 2019.

5. We do not find any sufficient reason to condone such inordinate delay.

Application for condonation of delay is dismissed. Consequently, Appeal is

also dismissed.

[Justice Ashok Bhushan] Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical)

[Dr. Alok Srivastava] Member (Technical)

Archana/nn

Company Appeal (AT) (Insolvency) No. 977 of 2021

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