Miss Lucy
← All judgments

Asst. Commissioner vs Mr. Anil Kohli Irp/Rp Of M/S. Dunar Foods ...

National Company Law Appellate Tribunal16 February 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The tribunal's reasoning rests on two principles: first, that a bare assertion of late knowledge of an impugned order, unsupported by any relevant material, does not establish sufficient cause for condoning delay; and second, that the fact that the appellant is a government department does not, of itself, furnish a reason for condoning inordinate delay. Where a delay of 1142 days is unexplained by such material, an application for condonation of that delay is to be dismissed, and the appeal rejected accordingly.

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) (Ins.) No.282 of 2024& I.A. No. 918, 956 of 2024IN THE MATTER OF:

Asst. Commissioner, Central Goods and Service Tax Division-II ...Appellant

Versus

Anil Kohli, IRP/RP, Dunar Foods Ltd. ...Respondent

Present: For Appellant: Ms. Anushree Narain and Ms. Simran Kumari, Advocates. For Respondent: Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Jasleen Singh Sandha, Advocates for RP.

ORDER

(Hybrid Mode)

16.02.2024: This Appeal has been filed against the order dated

26.11.2019, the appeal has been filed on 09.02.2023. Learned counsel for

the Appellant submits that the Appellants were not aware of the order and

they came to know about the order on 05.07.2021 and thereafter they took

legal opinion and filed the appeal on 09.02.2023.

2. The order impugned was passed on 26.11.2019 and the submission of

the Appellant that they came to know about the order on 05.07.2021 is not

based on any relevant material. It is the case of the Appellant itself that they

came to know on 05.07.2021 and appeal was filed on 09.02.2023, it took

about one and a half year for the Appellant to file an appeal. Merely because

Cont'd.../ -2-

the appeal has been filed by a government department cannot be reason for

inordinate delay.

3. We, thus, are of the view that Application for Condonation of Delay filed

by the Appellant praying for condonation of 1142 days' delay cannot be

allowed. We also take notice of the fact that these appeals which are filed

with inordinate delay are unnecessarily filed to burden the Registry of the

Court. We dismiss the Delay Condonation Application. Memo of Appeal is

rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.282 of 2024

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free