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Ashit Umashankar Agarwal And Anr vs Bhavi Shreyansh Shah And Ors

National Company Law Appellate Tribunal18 September 2020

Ratio decidendi

The rule this decision rests on

Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, an appeal must be filed within 30 days of the impugned order, and the proviso permits the Appellate Tribunal to condone a further delay of up to 15 days on sufficient cause being shown; the total period therefore cannot exceed 45 days from the date of the order, and the Tribunal has no jurisdiction to entertain an appeal filed beyond that outer limit. Where the appellant was a party to the proceedings in which the impugned order was passed, it cannot claim lack of knowledge of that order so as to postpone the commencement of the limitation period.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIComp. App. (AT) (Insolvency) No. 797 of 2020

IN THE MATTER OF: Ashit Umashankar Agarwal and Anr. ...Appellants Versus Bhavi Shreyansh Shah and Ors. ...Respondents

Present: For Appellants : Ms. Manisha T. Karia, Mr. Jeet Karia, Mr. Manan Paneri, Ms. Nidhi Nagpal and Ms. Sukhda Kalra, Advocates

For Respondents : Mr. Gautam Singhal and Mr. Rajat Choudhary, Advocate for R-6

ORDER

(Through Virtual Mode)

18.09.2020 This appeal is hopelessly barred by limitation. Section 61(2)

of the 'I&B Code" prescribes a period of 30 days for filing of appeal and the

proviso appended thereto vests the jurisdiction in this Appellate Tribunal to

extend time by 15 days provided sufficient cause by the Appellant is assigned for

the same. In any case no appeal can be entertained after the maximum period

of 45 days. In the instant case the impugned order of approving the resolution

plan has been passed on 1st January, 2020 and by virtue of the same order all

pending Interlocutory Applications including the Interlocutory Application which

the Appellant claims to have filed have been disposed of as having turned

infructuous. Admittedly, the Appellant was a party to the proceedings and it

cannot lie in its mouth that it has no knowledge of the impugned order. That

being so, even the extended period of limitation, viz. 45 days from the date of

passing of the impugned order, would come to an end on 15th February, 2020.

Lockdown on account of outbreak of Covid-19 pandemic was imposed on 23rd

March, 2020 whereafter in suo moto proceedings this Appellate Tribunal has -2-

waived /exempted limitation which continues till date. However, the appeal not

having been preferred within the extended period of 45 days of passing of the

impugned order, this Appellate Tribunal lacks jurisdiction to entertain the

appeal.

The appeal is accordingly dismissed.

[ Justice Bansi Lal Bhat ] Acting Chairperson

[ Justice Anant Bijay Singh ] Member (Judicial)

[ Dr. Ashok Kumar Mishra ] Member (Technical)

/ns/md/

Comp. App. (AT) (Insolvency) No. 797 of 2020

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