Broadcast Engineering Consultants ... vs Mr. Rohit Mehra
- CitationCompany Appeal (AT) (Insolvency) No. 1337 of 2025
Ratio decidendi
The rule this decision rests on
The appellate jurisdiction of the Tribunal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, to condone delay in filing an appeal against an order approving a resolution plan is confined to a period of fifteen days beyond the prescribed period of limitation; where the delay exceeds that condonable period, the Tribunal has no power to condone it and the delay condonation application must be dismissed, whatever explanation is offered for the delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Broadcast Engineering Consultants India Ltd. ....Appellant Vs.
Rohit Ramesh Mehra & Ors. ...Respondents For Appellant Mr. Uddyam Mukherjee, Ms. Shruti Sharma, Mr. Swapnil Pattanayak, Mr. Nishant Kandpal, Mr. Agnibha Chatterjee, Advocates. For Respondents
ORDER
(Hybrid Mode)
03.11.2025: I.A. No. 5219 of 2025:- This is an application praying for
condonation of 383 days delay in filing the Appeal. The order impugned was passed
on 06.05.2024 by which Resolution Plan was approved. This Appeal has been e-filed
on 23.06.2025. Counsel for the Appellant submitted that the Appellant was not aware
of the order, hence, he could not file the Appeal. In paragraph 2 of the application,
following has been stated:-
"2. The Impugned Order was communicated to the Appellant by the Resolution Professional vide an email dated 16.05.2024."
2. According to own case of the Appellant that he came to know about the order
on 16.05.2024. Filing of the Appeal after one year thereafter cannot be any basis for
condonation of delay. Furthermore, our jurisdiction to condone the delay is limited to
15 days as per Section 61(2) proviso. The delay being beyond condonable period, the 2
delay condonation application cannot be allowed. Delay condonation application is
dismissed. Memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Anjali/md
Company Appeal (AT) (Insolvency) No. 1337 of 2025 & I.A. No. 5219 of 2025
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