Miss Lucy
← All judgments

I. E. Soomar vs Dream Procon Pvt. Ltd

National Company Law Appellate Tribunal31 January 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The limitation period for an appeal under the Insolvency and Bankruptcy Code runs from the date the order is pronounced, not from the date the order is uploaded or the certified copy is received. The Appellate Tribunal's power to condone delay in filing an appeal under Section 61 of the Code is confined to a further period of fifteen days after the expiry of the limitation period, and it has no jurisdiction to condone delay beyond that period.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

-1-NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins.) No. 110 of 2024 &I.A. No. 352 of 2024

IN THE MATTER OF: I.E. Soomar ....Appellant

Vs.

Dream Procon Pvt. Ltd. ....Respondent (Through RP Nilesh Sharma)

Present: For Appellant: Ms. Ateepriya Bhatia, Advocate. For Respondents:

ORDER

(Hybrid Mode)

31.01.2024: I.A. No. 352 of 2024:- This is an application praying for

condonation of delay in filing the appeal. The order was pronounced on

11.08.2023 and the appeal has been e-filed on 22.10.2023. Appellant has

applied for certified copy on 04.09.2023 which was received by the appellant on

19.09.2023. There being delay of more than 15 days after expiry of the

limitation, we are unable to condoned the delay.

Learned Counsel for the appellant submits that the copy was uploaded

only on 22.08.2023, hence, the limitation should begin from 22.08.2023. The

order indicates that the order has been delivered on 11.08.2023. It has been

held by Supreme Court in "V. Nagarajan vs. SKS Ispat and Power Limited &

Ors., (2022) 2 SCC 244" that the limitation shall start from the date when the

order is pronounced and not from the uploading of the order. -2-

We, thus, are of the view that delay which is beyond 15 days after expiry

of limitation cannot be condoned. Our jurisdiction to condone the delay is

limited to only 15 days as per Section 61(2) proviso, hence, the delay beyond 15

days after expiry of limitation cannot be condoned. Delay condonation

application is dismissed and memo of appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical)

sa/nn

Company Appeal (AT) (Ins.) No. 110 of 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