Employee Provident Fund Organisation vs Vandana Garg
- CitationCompany Appeal (AT) (Insolvency) No. 883 of 2023
Ratio decidendi
The rule this decision rests on
Limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date on which the impugned order is pronounced, and not from the date on which that order is uploaded to the website of the forum. The Appellate Tribunal's power to condone delay in filing an appeal under Section 61 of the Code is confined to a further period of fifteen days beyond the initial limitation period of thirty days, so that an appeal filed beyond forty-five days from pronouncement cannot be entertained and the delay cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Employees Provident Fund Organisation ...Appellant
Versus
Vandana Garg & Anr. ...Respondents
Present: For Appellant: Ms. Anju Jain, Mr.Hitesh Sachar, Ms. Ananya Kumar, Advocates For Respondent: Mr. Sunil Fernandes, Vaijayant Paliwal, Charu Bansal, Mohana Nijhawan, Mehak Nayak, Diksha Dadu, Advocates
ORDER
28.07.2023: I.A. No. 2998 of 2023. This is an application filed for
condonation of delay in filing the Appeal.
2. The order impugned was passed on 10th April, 2023 and this Appeal has
been e-filed on 26th May, 2023. Learned Counsel for the Appellant submits
that the Order was uploaded on the website on 17th April, 2023 and the Copy
was received by the Learned Counsel for the Appellant only on 18th April, 2023
and the Appeal has been filed with the free copy which was obtained by the
Appellant which was shown to be prepared on 08th May, 2023. It is submitted
that when the Order was uploaded on 17th April, 2023, the Appellant should
have benefit of period from 10th April, 2023 to 17th April, 2023 and if that
period is excluded, the delay is only 10 days after expiry of 30 days limitation
period.
-2-
3. Learned Counsel for the Respondent refuting the submissions of
Appellant contends that limitation shall start running from the date when the
order is passed and in the present case, application has been filed for
exemption of the certified copy which clearly indicates that no certified copy
was ever applied.
4. We have considered the submissions of Learned Counsel for the parties
and have perused the record.
5. Hon'ble Supreme Court in "V. Nagarajan Vs. SKS Ispat and Power
Ltd." Civil Appeal No. 3327 of 2020, has already settled the issue that
limitation shall not depend on the uploading of the Order and Limitation shall
start from the date when the order is pronounced in the Court. Thus the
submission of the Appellant that benefit should be given to the Appellant from
10th April to 17th April, 2023 when the Order was uploaded, can not be
accepted. Our jurisdiction to condone delay is of 15 days only under Section
61(2) proviso. The Appeal being filed beyond 45 days hence it is beyond our
jurisdiction to condone the delay. The Delay Condonation Application is
dismissed. Consequently, Memo of Appeal stands rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical) Basant/nn
Company Appeal (AT) (Insolvency) No. 883/2023
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