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Gulshan Gaba vs Mr. Kulbhushan Sachdev And Ors

National Company Law Appellate Tribunal17 March 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the statutory limitation period, as provided by the proviso to Section 61(2); where the delay exceeds that extended period, the Tribunal has no jurisdiction to condone it and the appeal must be rejected.

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. 2268 of 2024& I.A. No. 8505, 8531 of 2024

IN THE MATTER OF: Gulshan Gaba ...Appellant

Versus

Kulbhushan Sachdev & Ors. ...Respondents

With

Company Appeal (AT) (Insolvency) No. 2278 of 2024 & I.A. No. 8513, 8574 of 2024

IN THE MATTER OF: Gulshan Gaba ...Appellant

Versus

Kulbhushan Sachdev & Ors. ...Respondents

Present: For Appellant : Present but appearance not marked. For Respondents :

ORDER

(Hybrid Mode)

17.03.2025: I.A. No. 8531 of 2024 and 8574 of 2024: This is

an application praying for condonation of delay in filing the appeal. The order

impugned was passed on 13.02.2024 and this appeal has been e-filed on

18.05.2024. Prayer has been made in the application for condonation of 66

days' delay in filing the Appeal. On 05.03.2025 following order was passed:

"O R D E R (Hybrid Mode)

05.03.2025 Learned Counsel for the Appellant was allowed two weeks time to file Additional Affidavit in

Cont'd.../ 2

support of delay condonation application on 06.02.2025.

When the Appeal is called today, Learned Counsel for the Appellant seeks further time to file Additional Affidavit, one week time is allowed as a last opportunity.

List the delay condonation application on 17.03.2025."

When the appeal was taken today, learned counsel for the Appellant

again made prayer that Appellant may be given opportunity to obtain

instructions from the Liquidator regarding withdrawal of appeal.

In the above facts, we are of the view that appeal having been filed

beyond condonable period and our jurisdiction to condone delay being limited

to only 15 days as per Section 61(2) proviso, the delay of 66 days in filing the

appeal cannot be condoned. Hence, Applications for condonation of delay are

rejected. In result, Memo of Appeals are also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.2268 & 2278 of 2024

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