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Damodar Valley Corporation vs Divya Jyoti Sponge Iron Pvt. Ltd. & Ors

National Company Law Appellate Tribunal20 January 2020

Ratio decidendi

The rule this decision rests on

Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the thirty-day period for filing an appeal runs from the date on which the certified copy of the order is issued, and the Appellate Tribunal's power to condone delay under the proviso is limited to a further period not exceeding fifteen days beyond that thirty-day period, and is available only upon a showing of sufficient cause; an appeal filed beyond the outer limit of forty-five days is not maintainable and is barred by limitation, even if sufficient cause is shown for the delay in part of the period.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 1079 of 2019IN THE MATTER OF:

Damodar Valley Corporation ...Appellant

Vs

Divya Jyoti Sponge Iron Pvt. Ltd. & Ors. ....Respondent

Present: For Appellant: Mr. Gopal Jain, Sr. Advocate with Ms. Madhumita Bhattacharjee and Ms. Srija Choudhury, Advocates.

For Respondent: Mr. Ranjan Kr. Pandey and Mr. Sandeep Bisht and Mr. Anuj Tiwari, Advocates.

ORDER

20.01.2020: In terms of Section 420 (3) of Companies Act, 2013, the Tribunal

after passing an order is required to send a copy of every order passed under the

said section to all the parties. The Adjudicating Authority (National Company

Law Tribunal) also follows the said provision being binding. Referring to this,

learned counsel for the Appellant submitted that free copy of the order was not

supplied to the Appellant though earlier they filed review application and now

the certified copy has been supplied on 28th August, 2019, where after appeal

has been preferred on 14th October, 2019.

2. Section 61(2) of the Insolvency and Bankruptcy Code prescribes the

limitation period for preferring an appeal as follows:-

Company Appeal (AT) (Insolvency) No. 1079 of 2019 -2-

"61(2) Every appeal under sub-section (1) shall be filed within

thirty days before the National Company Law Appellate

Tribunal

Provided that the National Company Law Appellate Tribunal

may allow an appeal to be filed after the expiry of said period

of thirty days if it is satisfied that there was sufficient cause

for not filing the appeal but such period shall not exceed fifteen

days."

3. In terms of the said provision, if we count from the date of issuance of

certified copy i.e. 28th August, 2019, we find that the appeal has been filed

beyond 30 days of the said order. This Appellate Tribunal is empowered to

condone delay for a period not exceeding 15 days after expiry of the aforesaid

period of 30 days, if it is satisfied that there is sufficient cause for not filing such

appeal. Even if it is accepted that there was a sufficient cause in not preferring

the appeal during period of vacation i.e. 2nd October, 2019 to 13th October, 2019,

the delay having exceeded more than 15 days beyond 30 days, we hold that this

appeal under Section 61 is not maintainable being barred by limitation.

Company Appeal (AT) (Insolvency) No. 1079 of 2019

-3-

4. However, we have noticed that the Respondent - Successful Resolution

Applicant has offered a sum of Rs.1 Crore to 'Damodar Valley Corporation' which

they are expected to pay in view of the undertaking given before this Appellate

Tribunal.

5. The appeal stands disposed of with aforesaid observations. This order will

not come in the way of 'Damodar Valley Corporation' to make further claim in

terms of the Resolution Plan.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)

am/sk

Company Appeal (AT) (Insolvency) No. 1079 of 2019

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