D S Kulkarni Developers Ltd vs Bank Of Maharashtra

IN THE MATTER OF: M/s. D. S. Kulkarni Developers Ltd. ...Appellant

Versus Bank of Maharashtra ...Respondent

Present: For Appellant: Advocate Archis Joshi For Respondent:

ORDER

(Virtual Mode) 19.04.2022: This Appeal has been filed against the Order dated

26.09.2019 passed by the Adjudicating Authority (National Company Law

Tribunal, Mumbai Bench) in CP 1633(IB)/MB/2019 by which the moratorium

was enforced after admitting the Petition under Section 7 of the Insolvency and

Bankruptcy Code, 2016 (hereinafter referred to as 'Code'). An application for

condonation of delay being I.A. No. 1084/2022 has been filed. The ground taken

in the Delay Condonation Application is that the Directors of the Appellant were

in the Judicial Custody hence they were not able to take steps for filing the

Appeal.

2. A perusal of the Order indicates that three counsels appeared for the

Respondents who are Appellant before us. In the Delay Condonation Application

there is no ground taken that Appellants were not aware of the Order dated

26.09.2019. This Appeal has been filed on 28th October, 2021 and the Limitation 2

for filing an Appeal as provided under Section 61(2) of the Code is 30 days and

the National Company Law Appellate Tribunal is empowered to condone the

delay not exceeding 15 days in exercise of jurisdiction under Section 61(2) of the

Code. This Tribunal cannot condone the delay which has caused in filing this

Appeal.

3. We thus do not find any ground to condone the inordinate delay in filing

the Appeal. Application for Condonation of Delay is rejected and consequently

the Appeal is dismissed as barred by time.

[Justice Ashok Bhushan] Chairperson

[Ms. Shreesha Merla] Member (Technical)

Basant/nn Company Appeal (AT) Ins. No. 414 of 2022