Kamall Ahuja vs Jagtar Singh & Sons Hydraulics Private ...
- CitationCompany Appeal (AT) (Insolvency) No. 71 of 2025
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 the impugned order, and an application for recall of a different order, rejected later on a different ground, does not extend that period by way of exclusion under Section 14 of the Limitation Act, 1963. The Appellate Tribunal's power to condone delay in filing an appeal is confined by the proviso to Section 61(2) of the Insolvency and Bankruptcy Code to a maximum of fifteen days; where an appeal is filed beyond that condonable period, the delay application must be dismissed and the appeal consequently dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Kamall Ahuja ...Appellant Versus Jagtar Singh & Sons Hydraulics Pvt. Ltd. ...Respondent
Present: For Appellant : Ms. Priamvada and Ms. Vanshika Khandelwal, Advocates.
For Respondent :
ORDER
(Hybrid Mode)
18.03.2025 : I.A. No. 288/2025
1. This is an application praying for condonation of 55 days delay in filing
of the appeal.
2. The order impugned was passed on 11.09.2024 and this appeal has
been e-filed on 07.11.2024.
3. Learned counsel for the appellant submits that appellant after order
dated 07.11.2024 rejecting the IAs for non-prosecution has filed an
application for recall of the said order which was dismissed on 16.10.2024
hence the said period be excluded in computing the limitation giving the
benefit of Section 14 of the Limitation Act, 1963. When the order was
delivered on 11.09.2024 dismissing the application for non-prosecution,
limitation commenced, another application which was subsequently filed to recall was on different ground and rejection of the said application
subsequently cannot enure to any benefit to the appellant while giving
exclusion of the period for filing the appeal against the order dated
07.11.2024.
4. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso.
The appeal having been filed beyond condonable period, the delay
condonation application is dismissed. Consequently, memo of appeal is also
dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 71 of 2025 & I.A. No. 288 of 2025 2 of 2
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