Income Tax Department vs Ashish Chhawchharia & Ors

National Company Law Appellate Tribunal2 August 2023Ashok Bhushan

CitationCompany Appeal (AT) (Insolvency) No.961 of 2023

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined to a further period of 15 days beyond the 30-day limitation period, under the proviso to Section 61(2); where the delay sought to be condoned exceeds that statutory extension, the Tribunal has no jurisdiction to condone it, however sufficient the explanation offered, 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.961 of 2023& I.A. No.3271 of 2023IN THE MATTER OF:

Income Tax Department ...Appellant

Versus

Ashish Chhawchharia Resolution Professional of Sintex-BAPL Ltd. & Ors ...Respondents

Present: For Appellant: Mr. Amaan Shreyas, Advocate.

For Respondents: Mr. Abhijeet Sinha, Mr. Raheel Patel, Mr. Himanshu Satija and Mr. Harsh Saxena, Advocates for R-1 (RP)

ORDER

02.08.2023: I.A. No.3271 of 2023: This is an application filed by the

Appellant praying for condonation of 86 days delay in filing the Appeal.

Learned counsel for the Appellant submits that time was taken in obtaining

internal approval for filing the Appeal.

2. We are of the view that limitation for filing the Appeal is only 30 days

and in the present case order was passed on 17.03.2023 and Appeal has been

e-filed on 12.07.2023. The explanation for delay which is being given by

learned counsel for the Appellant is no sufficient to condone the delay which

is 86 days.

3. Our jurisdiction to condone the delay is only 15 days under Section

61(2) proviso. Delay being more than 45 days, we are unable to condone the

Cont'd.../ -2-

delay. Delay Condonation Application is rejected. In result, Memo of Appeal

is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.961 of 2023

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