Gulshan Gaba vs Mr. Kulbhushan Sachdev And Ors
- CitationCompany Appeal (AT) (Insolvency) No. 2268 of 2024
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
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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