Delhi Development Authority vs Mr. Nilesh Sharma
- CitationCompany Appeal (AT) (Insolvency) No. 349 of 2024
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
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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