Arindam Kar vs Innovative Design Educational Kits & ...
- CitationCompany Appeal (AT) (Insolvency) No.57 of 2023
Ratio decidendi
The rule this decision rests on
Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal's power to condone delay in filing an appeal is limited to a further period of 15 days beyond the 45-day limitation period, and no delay beyond that can be condoned. For the purpose of computing limitation for an appeal under Section 61, time runs from the date on which the order is pronounced by the Adjudicating Authority, not from the date on which a copy of the order is received or communicated to the appellant.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Arindam Kar ...Appellant
Versus
Innovative Design Educational Kits & Anr. ...Respondents
Present: For Appellant: Present but appearance not marked. For Respondents:
ORDER
18.01.2023: I.A. No.215 of 2023: This is an application praying for
condonation of 31 days delay in filing the Appeal. The ground taken in the
application is that the order which was passed by the Adjudicating Authority
on 28.10.2022 was communicated by the Resolution Professional on
05.11.2022 and thereafter the Appeal has been e-filed in this Tribunal
19.12.2022. Learned counsel for the Appellant submits that from the date of
intimation the Appeal is within 45 days.
2. Hon'ble Supreme Court in "V. Nagarajan vs. SKS Ispat & Power Ltd.
& Ors., (2022) 2 SCC 244", has laid down that the limitation cannot be
calculated from the date when copy of order is received by the Appellant. The
limitation will start running form the dated when the order is pronounced.
We, thus, are of the view that on the above ground the Appellant is not entitled
to claim any condonation of delay which is beyond 15 days. Delay being more
Cont'd.../ 2
than 15 days and our jurisdiction to condone delay being limited to 15 days
only under Sub-section (2) of Section 61, we are unable to condone delay. We,
thus, dismiss the Delay Condonation Application. In result, Memo of Appeal
is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.57 of 2023
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