I. E. Soomar vs Dream Procon Pvt. Ltd
- CitationCompany Appeal (AT) (Ins.) No. 110 of 2024
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
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
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