Information Tv Pvt. Ltd vs Neesa Leisure Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 907580 of 2023
Ratio decidendi
The rule this decision rests on
The period spent obtaining a certified copy of an impugned order is excluded from the limitation period for an appeal only where the application for the certified copy is made within the prescribed limitation period; where the application for the certified copy is made after that period has expired, no such exclusion is available. Where the limitation period has already expired before the certified copy is applied for, the tribunal's power to condone delay is confined to the statutory maximum extension of 15 days, and delay beyond that cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Information TV Pvt. Ltd. ...Appellant
Versus
Amit Jain ...Respondent
Present: For Appellant: Ms. Shweta Pandey, Advocate For Respondent: Mohd. Shahan Ulla, Mr. Varun Kalra, Mr. Nikunj Mahajan, Advocates
ORDER
31.07.2023: This is an application for condonation of delay in filing the
Appeal.
2. This Appeal has been filed against the Order dated 01st September, 2022
passed by National Company Law Tribunal, Ahmedabad Bench. This Appeal
has been e-filed on 18.11.2022.
3. Learned Counsel for the Appellant in support of Delay Condonation
Application contends that Application for certified copy of the Order was made
on 18.10.2022 and Copy was received on 09.11.2022 hence the Appellant is
entitled for the benefit of period from 18.10.2022 to 09.11.2022.
4. The Order has been passed on 01.09.2022 and when Certified Copy is
applied within the period of limitation i.e. 30 days, the Applicant is entitled for
exclusion of the period which is consumed in preparation of the certified copy
of the Order and when an Application is filed for certified copy beyond 30 days, -2-
the Applicant is not entitled for exclusion of period in obtaining the certified
copy of the Order.
5. In any view, when certified copy was applied on 18.10.2022, 45 days
was already over. The jurisdiction of this Tribunal to condone the delay is
limited to 15 days only hence we are unable to condone the delay in filing the
Appeal.
6. Delay Condonation Application is dismissed, the Memo of Appeal is
rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
Basant/nn
Company Appeal (AT) (Insolvency) No. 907580/2023
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