Dominic George Koyikara And Ors vs Chirag Shah Liquidator Of Unit Trust Of ...
- CitationCompany Appeal (AT) (Insolvency) No. 991 of 2024
Ratio decidendi
The rule this decision rests on
Under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal's power to condone delay in filing an appeal is confined to a further period of fifteen days after the expiry of the limitation period; where the appeal is filed beyond that extended period, the delay cannot be condoned and the appeal must be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Dominic George Koyikara & Ors. ...Appellants
Versus
Chirag Shah (Liquidator of Unit Trust of India Investment Advisory Services Ltd.) ...Respondents
Present: For Appellant : Mr. B. Gopalkrishnan, Advocate. For Respondents : Ms. Anjali Sharma, Advocate.
ORDER
(Hybrid Mode)
03.07.2024: I.A. No. 3288 of 2024: This is an application praying for
condonation of 67 days' delay in refiling the appeal. Ground taken in the
application is that defaults were pointed out and certain details were required
to be provided by the Appellant, in which time was taken in arranging the
documents due to which delay was caused. Cause shown sufficient refiling
delay is condoned. I.A. No.3288 of 2024 is disposed of.
I.A. No. 3603 of 2024: This is an application praying for condonation
of 15 days' delay after 45 days in filing the appeal. The order of the
Adjudicating Authority was passed on 12.12.2023 and this appeal has been
e-filed on 15.02.2024. The delay in filing the appeal is beyond the 15 days
after expiry of limitation period. Our jurisdiction to condone delay is limited
to only 15 days after expiry of limitation as per the Section 61(2) proviso. The 2
delay in filing the appeal is uncondonable, hence, we reject the Delay
Condonation Application. In result, Memo of Appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.991 of 2024
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