Kandarp Shukla Suspended Management Of ... vs Chetan B Patel & Ors
- CitationCompany Appeal (AT) (Insolvency) No. 962 of 2024
Ratio decidendi
The rule this decision rests on
The limitation period for an appeal runs from the date the impugned order is pronounced, and is not suspended until the appellant receives a copy of that order. Under the statutory scheme, the Appellate Tribunal's power to condone delay extends only to 15 days beyond the expiry of the limitation period, so a delay exceeding that margin cannot be condoned and the appeal, together with the condonation application, must be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Kandarp Shukla, Suspended Management of Nidhi ....Appellant Impotrade Pvt. Ltd. Vs. Chetan B. Patel & Ors. ...Respondents For Appellant Mr. Raghavendra Mohan Bajaj, Ms. Garima Bajaj, Mr. Kumar Karan, Advocates. For Respondents Mr. Arjun M. Padhiyar, Advocate for R3 Mr. Harmish K Shah, Advocate.
ORDER
(Hybrid Mode)
18.07.2024: I.A. No. 3497 of 2024:- This is an application praying for Condonation of 61 days' delay in filing the Appeal. The order impugned was passed on 09.01.2024 and this Appeal has been e-filed on 09.04.2024.
2. Counsel for the Appellant submits that the Appellant came to know about the order only on 26.02.2024 and certified copy of the order was applied forthwith, which was received on 15.03.2024 and the Appeal has been filed.
3. The order impugned was pronounced on 09.01.2024. It is well settled that on delivery of the order, limitation for filing the Appeal commences. The said limitation cannot be said to be arrested till the Appellant received the copy of the order as in the present case on 26.02.2024. Our jurisdiction to condone the delay is only up to 15 days after expiry of limitation. There being delay of 61 days, we are unable to condone the delay. Delay Condonation Application is dismissed. Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Anjali/nn
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