Deepak Kulkarni vs Bank Of Maharashtra

Deepak Kulkarni ...Appellant

Versus

Bank of Maharashtra ...Respondent

Present: For Appellant: Mr. Yash Chaturvedi, Advocate.

For Respondent: Mr. Nishant Awana, Advocate for R-1. Mr. Abhijeet Sinha and Mr. Varun Kalra, Advocates for RP. Mr. Akshay Bector, Mr. Pranjit Bhattacharya and Ms. Raj Sarit Khare, Advocates for SRA.

ORDER

17.03.2023: I.A. No. 1088 of 2023: This is an application praying for

condonation of delay of 1244 days. This appeal has been filed on 21.02.2023

against the order dated 26.09.2019 passed by the Adjudicating Authority.

2. In the application for condonation of delay it has been mentioned that

Company Appeal (AT) (Ins) No. 414 of 2022 was filed by the Directors of the

Corporate Debtor in August, 2021 against the same order, which Appeal was

dismissed by this Tribunal by order dated 19.04.2022.

3. We fail to see that when an appeal against the same order on the ground

that it is barred by time was dismissed since delay condonation application

was rejected, how another appeal can be filed by one Director challenging the

Cont'd.../ -2-

same order. The earlier appeal although was filed in the name of the

Corporate Debtor but was signed by the Director. Hence, there is no occasion

to file this Appeal again against the same order. The Appeal is hopelessly

barred by time and is abuse of the process of the Court. We dismiss the

application as barred by time. The Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 319 of 2023