Greater Noida Industrial Development ... vs Pawan Kumar Goyal Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 284 of 2024
Ratio decidendi
The rule this decision rests on
The NCLAT's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code is limited by the proviso to Section 61(2) to a further period of 15 days beyond the 30-day limitation period, and the Tribunal has no power to condone a delay exceeding that statutory cap.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT) (Insolvency) No. 284 of 2024 & I.A. No. 963 of 2024
IN THE MATTER OF:
Greater Noida Industrial Development Authority ...Appellant(s)
Versus
Pawan Kumar Goyal, RP Swati Health and Education ...Respondent(s) Services Pvt. Ltd.
Present: For Appellant : For Respondents : Mr. Sidhartha Das, Ms. Anmika Duvey, Advocates for SRA Mr. Saurabh Kalia, Mr. Iswar Mohapatra, Advocates for RP Mr. P K Goyal, RP in person Mr. Rishi Singhal, Advocate for FC
ORDER
(Hybrid Mode)
21.02.2024: This is an application (I.A. No. 963 of 2024) praying for
condonation of delay of 98 days in filing the present Appeal.
2. The order impugned was passed on 24th August, 2023 and the Appeal
has been e-filed on 30th December, 2023.
3. Learned Counsel for the Appellant submits that there was sufficient
cause for condonation of delay since the matter was put up before the board
for approval of the filing of the Appeal and time was taken in preparing the
Appeal. The delay was beyond the control of the Appellant and due to above
process of examination, delay was caused. 2
4. Our jurisdiction to condone the delay is limited to 15 days only as per
Section 61(2) proviso. Admittedly, the Appellant is praying for condonation of
98 days delay in filing the Appeal, we are unable to accept the prayer of the
Appellant to condone the delay of 98 days delay in filing the Appeal. The Delay
Condonation Application is dismissed. Consequently, Memo of Appeal is
rejected.
[Justice Ashok Bhushan] Chairperson
[Justice Yogesh Khanna] Member (Judicial)
[Barun Mitra] Member (Technical) Basant/nn
Company Appeal (AT) (Insolvency) No.284/2024
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