Kolkata Municipal Corporation vs Uttam Tekriwal Liquidator Of Maximum ...
- CitationCompany Appeal (AT) (Insolvency) No. 541 of 2025
Ratio decidendi
The rule this decision rests on
The appellate limitation period under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is subject to a maximum condonable extension of 15 days, and the Tribunal has no jurisdiction to condone any delay beyond that period. Time for filing an appeal runs from the date the impugned order is pronounced, not from the date of its communication to the appellant or its counsel; lack of communication of the order is not a ground for condoning delay beyond the condonable period.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Kolkata Municipal Corporation ...Appellant Versus Uttam Tekriwal, Liquidator of Maximum Agency Pvt. Ltd. ...Respondent
Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Kunal Chatterji (AOR, SCI), Mr. Varij Nayan Mishra, Advocates.
For Respondent : Ms. Shweta Dubey and Ms. Kanishka Prasad, Advocates.
ORDER
(Hybrid Mode)
09.04.2025 : I.A. No. 2045/2025
1. This is an application praying for condonation of 126 days delay in filing
of the appeal.
2. The order impugned was passed on 13.08.2024 and this appeal has
been e-filed on 15.01.2025.
3. The reasons given in the application is that the order was initially not
communicated by the Advocate representing the petitioner to any officer of
the Kolkata Municipal Corporation and appellant came to know about the
order only on December, 2024 and no communication was made of the order
as was required by the Rule 50 of the NCLT Rules, 2016.
4. The order impugned was an order which was passed on the application
filed by the appellant Kolkata Municipal Corporation and order was pronounced on 13.08.2024. When the order was pronounced, limitation shall
commence on the very next date and the submission of the appellant that
they were not communicated the order cannot furnish any ground for
condonation of delay which is beyond the condonable period.
5. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso.
The delay being beyond condonable period, the delay condonation
application is rejected. Memo of appeal is also rejected.
I.A. No. 2001/2025
1. This is an application praying for condonation of 50 days delay in
refiling of the appeal.
2. We find sufficient cause which has been shown in paragraph 3 of the
application.
Refiling delay condoned.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 541 of 2025 & I.A. No. 2001 & 2045 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