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Assistant Commissioner vs Darshan Bharatbhai Patel

National Company Law Appellate Tribunal22 December 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The limitation period for an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is 30 days, and the Appellate Tribunal's power to condone delay in filing such an appeal is confined by the statutory proviso to a further period of 15 days, so that an appeal filed beyond 45 days from the date of the impugned order cannot be entertained by condonation of delay.

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

Judgment

As delivered

-1-NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins.) No. 1658 & 1659 of 2023 &I.A. No. 5913, 5979, 5980 of 2023

IN THE MATTER OF: Assistant Commissioner ....Appellant

Vs.

Darshan Bharatbhai Patel ....Respondent

Present: For Appellant: Mr. Piyush Beriwal, Sr. SC, Mr. Nikhil Kumar Chaubey, Advocate. For Respondent: Ms. Anjali Sharma, Advocate

ORDER

(Hybrid Mode)

22.12.2023: I.A. No. 5913 of 2023:- This is an application praying for

condonation of re-filing delay of 42 days. Learned Counsel for the appellant

submitted that the defects have been communicated by the Registry on

20.10.2023 and he submits that as per Registry's defect the appellant has

again filed the same copy of the appeal with regard to 2nd impugned order. It is

submitted that due to which delay was caused. Cause shown sufficient. Delay

in re-filing is condoned.

I.A. No. 5979 & 5980 of 2023:- These are the two applications praying for

condonation of delay in filing the appeal against the order dated 21.03.2023

and 18.04.2023. Appeal has been e-filed on 14.10.2023.

2. The limitation for filing the appeal is 30 days, condonable period is only

15 days. Appeal having been filed beyond 45 days, we are unable to condone -2-

the delay as prayed for in the application. Our jurisdiction to condone the delay

is limited to only 15 days as per Section 61(2) proviso.

3. We, thus, are of the view that delay condonation application deserves to

be dismissed and is hereby dismissed and memo of appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical)

sa/nn

Company Appeal (AT) (Ins.) No. 1658 & 1659 of 2023

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