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Keonjhar Mines & Forest Workersâ’ Union ... vs Gandhamardhan Songe Industries ...

National Company Law Appellate Tribunal22 April 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the prescribed period of thirty days, under the proviso to Section 61(2); where the delay sought to be condoned exceeds that statutory outer limit, the Tribunal has no power to condone it and the delay condonation application must be rejected, with the consequential rejection of the appeal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 440 of 2025&I.A. No. 1683 of 2025

IN THE MATTER OF: Keonjhar Mines and Forest Workers Union ...Appellant

Versus

Gandhamardhan Sponge Industries Pvt. Ltd. & Ors. ...Respondents

Present: For Appellant : Ms. Bhumika Chouksey and Mr. Shaileshwar Yadav, Advocates

For Respondent : Mr. Krishnendu Datta, Sr. Advocate with Mr. Anand Verma and Mr. Abhishek Arora, Advocates for R-1 & 3.

ORDER

(Hybrid Mode)

22.04.2025 I.A. No. 1683 of 2025 This is an Application praying for

condonation of 1395 days delay in filing the Appeal. The order was passed on

25.03.2021 and this appeal has been e-filed on 17.02.2025.

Learned Counsel for the Appellant submits that the Appellant's are

Workmen and they were not aware of the proceedings and their dues have not

been paid.

Learned Counsel for the Respondent submitted that para 4 of the

Application, Appellant themselves submits that on 12.01.2024, the Appellant

got information regarding the Resolution Process and approval of resolution

plan. In any view of the matter, our jurisdiction to condone the delay is limited

to 15 days only as per Section 61(2) proviso. The delay having been more than 3 years, we are unable to condone the delay, Delay condonation application

is rejected. The Memo of Appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) pks/nn

Company Appeal (AT) (Insolvency) No. 440 of 2025 2 of 2

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