Indian Overseas Bank vs Anuj Bajpai The Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 1317 of 2022
Ratio decidendi
The rule this decision rests on
The period of limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date of passing of the impugned order, not from the date on which a copy of the order is received or issued, so that a free copy issued later confers no extension of time. The Appellate Tribunal's power to condone delay in filing an appeal is limited to a further period of 15 days beyond the statutory period, and it has no jurisdiction to condone delay beyond that outer limit.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Indian Overseas Bank ...Appellant
Versus
Anuj Bajpai ...Respondent
Present: For Appellant: Mr. Aayush Agarwala and Mr. Siddham Nahata, Advocates. For Respondent: Mr. Kunal Kanungo, Advocate with Mr. Aayush Rajani, PCA.
ORDER
07.11.2022: I.A. No. 4068/2022: Learned counsel for the Appellant
submit that there is no delay in the Appeal since the Appeal is within time
from the date he received the copy of the order. It is submitted the copy of
the order was sent on 22.08.2022 which was received on 27.08.2022 and
Appeal has been filed on 21.09.2022.
2. In view of the judgment of Hon'ble Supreme Court in "V. Nagarajan
vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244", the period shall
start from the date of passing of the order. Date of passing of the order in the
present case is 20.07.2022. The copy of the order which has been annexed
with the Appeal is free of cost copy which was issued on 22.08.2022. The
Appellant is not entitled to get any benefit of extending limitation on the basis
of free of cost copy issued on 22.08.2022. Delay being more than 15 days and
Cont'd.../ 2
our jurisdiction to condone delay being limited to 15 days only, we are unable
to condone delay being beyond 15 days. We, thus, dismiss the Delay
Condonation Application. In result, Memo of Appeal is also rejected.
Learned counsel for the Respondent is also present.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No. 1317 of 2022
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