Indian National Trade Union Congress vs Nitin Daga Resolution Professional ...
- CitationCompany Appeal (AT) (Insolvency) No. 1079 of 2024
Ratio decidendi
The rule this decision rests on
Where an appeal is filed beyond the period of limitation plus the 15-day extension permitted by the proviso to the relevant appellate provision, the Tribunal has no power to condone the delay, and the delay condonation application must be rejected and the appeal consequently rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Indian National Trade Union Congress (INTUC) ...Appellant
Versus
Nitin Daga Resolution Professional of Rishra Steel Ltd. & Ors. ...Respondents
Present: For Appellant : None. For Respondents : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Shaunak Mitra, Mr. Fazal Askahi, Mr. Harsh Sahu, Mr. Akshat Jain and Mr. Nipun Bansal, Advocates for R-1. Mr. Himanshu Satija, Ms. Ankita Shankar, Mr. Shehvaz Khan, Mr. Harsh Saxena, Advocates for R- 3.
ORDER
(Hybrid Mode)
05.07.2024: No one appears for the Appellant. Learned counsel for the
Respondents are present and pointed out that this appeal is barred by time.
Impugned order was passed on 22.03.2024 and Appeal has been filed on
24.05.2024. It is submitted that although delay condonation application has
been filed praying for condonation of only 15 days' delay whereas appeal has
been filed beyond 15 days after expiry of limitation. It is submitted that the
Appeal has been filed on 62nd day of passing of order.
The order having been passed on 22.03.2024 and appeal having been
filed on 24.05.2024 beyond 15 days after expiry of limitation from date of
passing of order, appeal has been filed after uncondonable period on 62nd day.
Cont'd.../ 2
We, thus, are unable to allow the Delay Condonation Application. Delay
Condonation Application is rejected. In result, Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1079 of 2024
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