Bhupendra Jivrajbhai Surani Through ... vs Sanika Assets Management And ...
- CitationCompany Appeal (AT) (Insolvency) No.1588 of 2023
Ratio decidendi
The rule this decision rests on
Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the period of limitation for an appeal runs from the date on which the order of the Adjudicating Authority is pronounced, and not from the date on which that order is uploaded to the website; the date of uploading has no bearing on when limitation commences. The Appellate Tribunal's power to condone delay in filing an appeal under Section 61(2) is confined to a further period of fifteen days beyond the prescribed period; where the delay sought to be condoned exceeds that period, the Tribunal has no jurisdiction to condone it and must reject the appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Bhupendra Jivrajbhai Surani Through Alan C. W. Tang ...Appellant
Versus
Sanika Assets Management and Investments Pvt. Ltd. ...Respondent
Present: For Appellant: Mr. Vinod Kr. Kaushik and Mr. Girish Kr. Mishra, Advocates. For Respondent:
ORDER
19.12.2023: I.A. No. 5741 of 2023: This is an application praying for
condonation of 17 days' delay in filing the Appeal. The order impugned was
passed on 14.06.2023 and this Appeal has been filed on 31.07.2023. Learned
counsel for the Appellant submits that the impugned order came to be
uploaded on the website on 16.06.2023 and sometime was taken in the
process of obtaining legal advice and collating documents.
2. It is well settled that the limitation for filing the Appeal shall commence
on the date when order of Adjudicating Authority is pronounced and it has no
dependence on the date of uploading of the order, which has been laid down
by the Hon'ble Supreme Court in "V. Nagarajan vs. SKS Ispat and Power
Limited & Ors., (2022) 2 SCC 244".
Cont'd.../ -2-
3. Our jurisdiction to condone delay is limited to only 15 days under
Section 61(2) proviso. We, thus, are unable to condone the delay as prayed in
the application. Delay Condonation Application is dismissed. In result, Memo
of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1588 of 2023
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