Dinesh Kumar & Ors vs Birendra Kumar Tripathi
- CitationCompany Appeal (AT) (Ins.) No. 674 of 2022
Ratio decidendi
The rule this decision rests on
An appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 must be filed within 30 days, and the Appellate Tribunal may condone a delay only up to a further 15 days; where the appeal is filed beyond that period, the Tribunal has no power to entertain it. A contention that the impugned order is a nullity for want of jurisdiction is a submission on the merits and cannot be examined while considering an application for condonation of delay; it does not extend the limitation period or remove the bar of time.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Dinesh Kumar & Ors. ...Appellant
Versus
Birendra Kumar Tripathi ...Respondents Liquidator for Prism Infracon Ltd. & Ors.
Present: For Appellant: Mr. Yash Tandon, Advocate
For Respondent:
ORDER
(Virtual Mode)
05.07.2022: This Appeal has been filed against the Order dated
08.11.2019 passed by National Company Law Tribunal, Kolkata Bench in
CP(IB) No. 762/KB/2017. The Appeal has been filed challenging the said
Order in this Tribunal on 13th May, 2022. The Appeal being barred by time,
an Application for condonation of delay has been filed by the Appellant.
2. Learned Counsel for the Appellant submits that the Order passed by
the Adjudicating Authority was nullity and there was no jurisdiction with the
National Company Law Tribunal to pass the Order. He submits that the said
question of jurisdiction can be raised by the Appellant at any stage.
3. We have considered the submissions of Learned Counsel for the
Appellant. The Limitation for filing an Appeal under Section 61 of the
Insolvency and Bankruptcy Code, 2016 is only 30 days and this Tribunal has
jurisdiction to condone the delay up to 15 days only. The limitation for filing
the Appeal expired on 07.12.2019 and further period condonable also expired 2
in December, 2019. We are of the view that submissions of the Appellant that
Order was nullity and without jurisdiction which are submissions on merits
cannot be looked into or gone into in delay condonation application. We are
satisfied that Appeal is grossly barred by time and the Delay Condonation
Application deserves to be rejected and is rejected consequently the Appeal is
rejected as barred by time.
[Justice Ashok Bhushan] Chairperson
[Justice Satyanarayana Murthy] Member (Judicial)
[Mr. Barun Mitra] Member (Technical)
Basant B./nn
Company Appeal (AT) Ins. No. 674 of 2022
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