Jamal Ahmad vs Reliance Nippon Life Asset Management & ...

IN THE MATTER OF: Mrs. Jamal Ahmad ...Appellant Versus Reliance Nippon Life Asset Management & Anr. ...Respondents

Present: For Appellant : Mr. Arvind Kamath K., Senior Advocate with Mr. Ashok Bannidinni and Mr. Amoghavarsha, Advocates

For Respondents : Mr. Amit Agarwal, Ms. Radhika Yadav and Mr. Kushagra Agarwal, Advocates for R-1

ORDER

(Through Virtual Mode)

18.09.2020 The appeal is hopelessly barred by limitation. There is a delay

of 387 days. Section 61(2) of the 'I&B Code" prescribes a period of 30 days for

filing of appeal and the proviso appended thereto vests jurisdiction in this

Appellate Tribunal to extend time by 15 days provided sufficient cause by the

Appellant is assigned for the same. In any case no appeal can be entertained

after the maximum period of 45 days.

Learned counsel for the Appellant submits that Rule 11 of the National

Company Law Appellate Tribunal Rules, 2016 ('NCLAT Rules', for short) can be

invoked to mitigate the hardship in genuine cases where sufficient

ground/lawful excuse is assigned for delay beyond 45 days. We are afraid this

argument cannot be accepted for the mere reason that Rule 11 of the NCLAT's

Rules vesting inherent powers in this Tribunal cannot be invoked and such

powers cannot be exercised against an express provision of the statute. The

prayer is rejected.

-2-

The appeal is dismissed as being barred by limitation.

[ Justice Bansi Lal Bhat ] Acting Chairperson

[ Justice Anant Bijay Singh ] Member (Judicial)

[ Dr. Ashok Kumar Mishra ] Member (Technical)

/ns/md/

Comp. App. (AT) (Insolvency) No. 799 of 2020