Gagandeep Singh And Ors vs Jaypee Infratech Ltd And Ors
- CitationCompany Appeal (AT) (Ins) No.765
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
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