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Delhi Development Authority vs Mr. Nilesh Sharma

National Company Law Appellate Tribunal4 March 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the proviso to Section 61(2) to a further period of fifteen days beyond the prescribed period; beyond that limit, the Tribunal has no jurisdiction to condone delay. No distinction in the treatment of delay may be drawn between statutory authorities and other litigants; a statutory body seeking condonation of delay is subject to the same limitation as any other appellant.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Insolvency) No. 349 of 2024 & I.A. No. 1182 of 2024

IN THE MATTER OF:

Delhi Development Authority ...Appellant(s)

Versus

Nilesh Sharma & Ors. ...Respondent(s)

Present: For Appellant : Advocate Sonam Sharma, Advocate Damini Srestha, Advocate Riddhi Jain, Advocate Rehan Verma, For Respondents : Advocate Anoop Peakash Awasthi, For R-3 Advocate Aditi Sharma, for RP Mr. Sumit Shukla, Mr. Sanjeev Panda, Advocates for R- 2

ORDER

(Hybrid Mode)

04.03.2024: I.A. 1182 of 2024. This is an application praying for

condonation of 51 days delay in filing the Appeal.

2. The Order impugned was passed on 16.10.2023 and the Appeal has

been e-filed on 05.01.2024.

3. Learned counsel for the Appellant submits that the Appellant should be

treated differently from other entities on question of delay and some latitude

be given to the Appellant it being statutory authority.

4. We are of the view that no distinction can be maintained between

statutory authorities or other litigants. Our jurisdiction to condone the delay 2

is limited to 15 days only as per Section 61(2) proviso. Thus, we are unable to

condone the delay in filing the Appeal, delay condonation application is

dismissed, in result, memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Indevar Pandey] Member (Technical) Basant/nn

Company Appeal (AT) (Insolvency) No. 349 of 2024

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