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Assistant Commissioner vs Ms. Meera Prasad Interim Resolution ...

National Company Law Appellate Tribunal19 February 2025Ashok Bhushan

Interim / procedural order — not a final adjudication. Do not cite as a holding.

Ratio decidendi

The rule this decision rests on

Limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date the impugned order is passed, not from the date the appellant receives a copy of it, and the receipt of the copy does not suspend or arrest the running of limitation. Time spent by an appellant in obtaining internal approvals and instructions for preparing the appeal is not a sufficient ground for condoning delay. Where the appellant has not shown that it applied for a certified copy so as to claim exclusion of the period during which the copy remained under preparation, no such exclusion is available. The Appellate Tribunal's power to condone delay in filing an appeal under Section 61(2) of the Code is limited to a condonable period of 15 days, and delay beyond that period cannot be condoned.

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. 1850 of 2024&I.A. No. 6671, 6777 of 2024

IN THE MATTER OF: Assistant Commissioner, Central Goods & Services Tax & Central Excise, Division - V, Jamshedpur ...Appellant Versus Meera Prasad, IRP of Harihar International Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Aditya Singla and Mr. Ritwik Saha, Advocates.

For Respondents : Ms. Swastika Kumari and Mr. Navlendu Kumar, Advocates for R-2.

ORDER

(Hybrid Mode)

19.02.2025 : I.A. No. 6777/2024

1. This is an Application praying for condonation of 23 days delay in filing

of the Appeal.

2. The Order impugned was passed on 22.03.2024 and this Appeal has

been e-filed on 14.05.2024.

3. Learned Counsel for the Appellant submits that the Order was

communicated to the Appellant only on 01.04.2024 and thereafter time was

taken in seeking approval from appropriate channels and obtaining

instructions for preparing the Appeal. It is submitted that limitation should

be counted from the date when Appellant received the Order i.e., 01.04.2024.

4. We have considered the submissions of Counsel for the Appellant and

perused the record.

5. The law is well settled that limitation for filing the Appeal shall

commence on the date when the Order is passed and commencement of

limitation shall not be suspended till the Appellant receives the copy of the

Order. The receipt of the copy of the Order by the Appellant cannot arrest the

running of the limitation.

6. Present is not a case that it is shown that Appellant applied for the

Certified Copy so that may be entitled for exclusion of the period during which

Certified Copy remained under preparation. Insofar as the ground taken in

the Affidavit that time was taken in obtaining necessary instructions from

appropriate channel, the said cannot be a ground for condoning the delay

which is beyond condonable period.

7. Appeal having been filed with delay of 23 days which is beyond

condonable period, since our jurisdiction to condone the delay is only limited

to 15 days as per Section 61(2) proviso, we are unable to condone the delay.

I.A. No. 6667/2024 is dismissed. Memo of Appeal is also dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 1850 of 2024 & I.A. No. 6671 & 6777 of 2024 2 of 2

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