Miss Lucy
← All judgments

Gagandeep Singh And Ors vs Jaypee Infratech Ltd And Ors

National Company Law Appellate Tribunal3 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appellate jurisdiction under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is subject to a proviso fixing a limitation period of fifteen days; the Appellate Tribunal has no power to condone any delay beyond that period, and an application seeking condonation of delay beyond fifteen days must therefore be dismissed, with the consequential rejection of the memorandum of appeal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Ins) No.765 & 766 of 2023 & I.A. No. 2581 of 2023 IN THE MATTER OF: Gagandeep Singh & Ors. ...Appellants Vs. Jaypee Infratech Singh & Ors. ...Respondents

Present:

For Appellant: Mr. Dev Pratap Shahi, Mr. Akshay Sharma, Advocates

For Respondent: Mr. Sumant Batra, Ms. Ruchi Goyal, Ms. Aishwarya, Advocates for R-1 Mr. Sagar Bansal, Advocates for SRA/R1 and R2

ORDER

03.07.2023: IA No. 2580 and IA No. 2581 - These two applications have

been filed for condonation of delay of 325 and 39 days in filing the Comp.

App.(AT)765 and 766 of 2023. Comp. App.(AT)765 and 766 of 2023 has been

filed by the Appellant against the order dated 25.05.2022 and 07.03.2023.

Respective delay is 325 and 39 days.

2. Learned Counsel for the Appellant submits that copy of the Resolution

Plan was never provided to the Applicant.

3. We have looked into the grounds given in the application praying for

condonation of delay. Our jurisdiction is limited u/s 61 sub-section (2) proviso

is 15 days. The delay is beyond 15 days. We are unable to condone the delay.

Company Appeal (AT) (Ins) No.765 & 766 of 2023 & I.A. No. 2581 of 2023

1

4. The delay condonation application is dismissed. Consequently, the memo

of appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No.765 & 766 of 2023 & I.A. No. 2581 of 2023

2

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free