Edgewood Networks Pvt. Ltd vs Houston Technologies Ltd

Edgewood Networks Pvt. Ltd. ...Appellant Versus Houston Technologies Ltd. ...Respondent For Appellant: Mr. Aditya Shankar, Mr. Shahrukh Ahmed, Ms. Niharika Singh, Advocates

For Respondent: None

ORDER

16.03.2020 Heard Learned Counsel for the Appellant with regard to delay

in filing of the Appeal. It is argued by Learned Counsel that the order was passed

on 25th November, 2019 and the Appellant had applied for Certified Copy on 17th

January, 2020 and received the copy on 03rd February, 2020 and thus, the

Appeal filed on 07th February, 2020 is with a delay of only 15th Days according

to the Learned Counsel and thus, the delay may be condoned.

We have gone through the Application for condonation of delay. What can

be seen from the record is that after the Impugned Order was passed on 25th

November, 2019, the Application for Certified Copy was filed after 36 days on

17th January, 2020. The copy was ready on 23rd January, 2020 and even signed

by the concerned officer on 23rd January, 2020. The Appellant went to take

delivery only on 03rd February, 2020. The Learned Counsel now says that as 26th

January, 2020, preparations were going on, the Registry was not properly

functioning and so copy was received late. However, no such ground is taken in

the Application. We find that as per the Insolvency and Bankruptcy Code, 2016

under Section 61 we can condone delay only of 15 days beyond the period of 2

Appeal of 30 days. This being so, the present Appeal filed is time barred as the

period consumed is about 50 days.

The Appeal is dismissed as time barred.

[Justice A.I.S. Cheema] Member (Judicial)

[V.P. Singh] Member (Technical)

[Alok Srivastava] Member (Technical)

Basant B./md

Company Appeal (AT) (Insolvency) No. 297 of 2020