Gpr Power Solutions Private Limited vs Mr. Supriyo Chaudhuri Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 1165 of 2022
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal may condone a delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code only up to a further fifteen days beyond the thirty-day period. Where the appellant has obtained a certified copy of the impugned order, the period during which that copy was under preparation is excluded from the thirty-day limitation period, following the Supreme Court's decision in V. Nagarajan v. SKS Ispat & Power Ltd. However, the excluded period does not extend the statutory outer limit on condonation: an appeal filed beyond fifteen days after the excluded thirty-day period has expired cannot be admitted, and the application for condonation must be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
GPR Power Solutions Pvt. Ltd. ...Appellant
Versus
Supriyo Chaudhuri RP of Rohit Ferro Tech Ltd. & Ors. ...Respondents
Present: For Appellant: Mr. Sumit Kumar and Mr. Hemant Kumar, Advocates. For Respondents: Ms. Niharika Sharma, Advocate for R-3&4.
ORDER
26.09.2022: I.A. No. 3453 of 2022. This is an application praying for
condonation of refiling delay of 57 days. The ground taken in the application
is that there was delay in returning the hard copy of the Appeal for removal of
defects. Further, counsel for the Appellant and his associates were got affected
with viral fever and took 15 to 20 days to get recover. Cause shown being
sufficient, refiling delay of 57 days is condoned.
I.A. No. 3510 of 2022. This is an application praying for condonation
of delay in filing the Appeal. The impugned order was pronounced on
07.04.2022. The Appellant applied for certified copy on 19.04.2022 which was
delivered on 20.04.2022. Thirty days period for filing Appeal expired on
07.05.2022 and power to condone delay vested with this Tribunal is for 15
days only. Two days delay needs to be excluded which were taken in
preparation of the certified copy.
2
Learned counsel for the Appellant submits that the Appellant waited for
the free certified copy and then he applied for certified copy. Issues raised in
this application are fully covered in the judgment of Hon'ble Supreme Court
in "V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244".
The Appellant having applied for certified copy of the order is entitled for
exclusion of period of two days during which the copy was under preparation,
still the Appeal having been filed on 06/09.06.2022, the delay is beyond 15
days, which is not condonable under Sub-section (2) of Section 61. The
application for condonation for delay is dismissed. In result, Memo of Appeal
is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No. 1165 of 2022
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