Kalpesh Umesh Kini & Ors vs Vijaygroup Infra Llp
- CitationCompany Appeal (AT) (Insolvency) No. 1028 of 2025
Ratio decidendi
The rule this decision rests on
The appellate tribunal's jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined to the outer limit of fifteen days beyond the prescribed period of thirty days, as provided by the proviso to Section 61(2); no delay beyond that fifteen-day period can be condoned. The benefit of Section 4 of the Limitation Act, 1963, extending the period of limitation where its last day falls on a day the court is closed, applies only to the prescribed period of limitation of thirty days and does not extend the further condonable period of fifteen days under the proviso to Section 61(2).
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Kalpesh Umesh Kini & Ors. ...Appellants Versus Vijay Group Infra LLP ...Respondent
Present: For Appellants : Mr. Vishal Hegde, Advocate.
For Respondent : Mr. Zain A. Khan and Mr. Yoksha Mehta, Advocates.
ORDER
(Hybrid Mode)
13.08.2025 : I.A. No. 4031/2025
1. This is an application praying for condonation of 17 days delay in filing
of the appeal.
2. The order impugned was passed on 28.01.2025 and this appeal has
been e-filed on 17.03.2025.
3. Learned counsel for the appellant submits that delay is only 14 days
because from 13.03.2025 to 16.03.2025 there was holidays of this Tribunal
then the limitation will be extended till 17.05.2025 and the appeal filed on
17.05.2025, there is only 14 days delay.
4. Learned counsel for the respondent refuting the submissions of the
counsel for the appellant submits that benefit of Section 4 of the Limitation
Act, 1963 is available only for the prescribed period of limitation i.e., 30 days and for extended period. Holidays shall not give benefit of Section 4 of the
Limitation Act, 1963.
5. Learned counsel for the respondent relied on the recent judgment of the
Hon'ble Supreme Court in the matter of 'Tata Steel Ltd.' Vs. 'Raj Kumar
Banerjee & Ors.' in [Civil Appeal No.408/2023], where Hon'ble Supreme
Court has categorically held that benefit of Section 4 of the Limitation Act,
1963 is applicable only with regard to limitation period of 30 days and shall
not be available for extended period of 15 days under which the limitation can
be extended.
6. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso. In the present appeal there is a delay being 17 days
which is not within the condonable period hence we are unable to condone
the delay in filing of the appeal.
The delay condonation application is rejected consequently memo of
appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 1028 of 2025 & I.A. Nos. 3981 & 4031 of 2025 2 of 2
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