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Employee Provident Fund Organisation vs Vandana Garg

National Company Law Appellate Tribunal28 July 2023Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 883 of 2023&I.A. No. 2998 of 2023IN THE MATTER OF:

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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