Deepak Garg Son Of Shri Mool Raj Garg vs M/S. Aysun Personal Care Private ...
- CitationCompany Appeal (AT) (Insolvency) No. 806 of 2025
Ratio decidendi
The rule this decision rests on
The limitation for filing an appeal under the Insolvency and Bankruptcy Code runs from the date of the impugned order, and is not postponed until the appellant receives a free-of-cost copy of that order under Rule 50 of the NCLT Rules, 2016. The Appellate Tribunal's power to condone delay in filing an appeal is confined to the period of fifteen days beyond the prescribed limitation under the proviso to Section 61(2) of the Code; delay exceeding that period cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Deepak Garg ...Appellant
Versus
Aysun Personal Care Pvt. Ltd. ...Respondent
Present: For Appellant: Mr. Sanjeet Kumar Trivedi, Advocate. For Respondent:
ORDER
(Hybrid Mode) 18.07.2025: I.A. No. 3103 of 2025: This is an application praying for
condonation of 147 days' delay in filing the appeal. Order impugned was
passed on 23.09.2024 and this appeal has been e-filed on 21.02.2025.
Learned counsel for the Appellant submits that Appellant did not receive the
free of cost copy as required to be given under Rule 50 of the NCLT Rules,
2016 and Appellant on enquiry came to know that certified copy of the order
has not been delivered by the Registry to the Appellant.
2. The order impugned was an order which was delivered on 23.09.2024
by which application filed by the Appellant under Section 9 was rejected. The
submission of the Appellant is that since he did not receive the free of cost
copy as required under Rule 50 of the NCLT Rules, 2016, there is no delay in
filing the appeal. The said question was decided by the Hon'ble Supreme
Court in "V. Nagarajan vs. SKS Ispat and Power Limited and Ors. (2022)
2 SCC 244". The limitation for filing the appeal shall commence from the
Cont'd.../ 2
date of passing of the order and is not dependent on receipt of free of cost
copy.
3. Our jurisdiction to condone delay is limited to only 15 days as per
Section 61(2) proviso. Delay of 147 days being beyond condonable period
cannot be condoned. Delay Condonation Application is rejected. In result,
memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Ins.) No.806 of 2025
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