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Kotak Mahindra Bank Limited vs Samyak Projects Pvt. Ltd

National Company Law Appellate Tribunal4 October 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date on which the impugned order is pronounced, not from the date on which the appellant obtains knowledge of it. Where the appellant is a financial creditor who initiated the proceedings by a Section 7 application, and whose counsel was present when the order was delivered, the appellant cannot claim lack of knowledge of the order as a ground for extending the limitation period. A delay exceeding the prescribed limitation period by more than the permissible condonation margin cannot be condoned, and the appeal is liable to be rejected on that ground.

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. 1268 of 2023&I.A. No. 4490, 4381 of 2023IN THE MATTER OF:

Kotak Mahindra Bank Ltd. ...Appellant

Versus

Samyak Projects Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Sanjay Bhatt, Mr. Abhishek Kumar, Advocates For Respondent:

ORDER

04.10.2023: There is a delay condonation application. This Appeal has

been filed against the Order dated 24th May, 2023. This Appeal has been filed

on 27th July, 2023.

2. Ground taken in the Application is that Appellant came to know of the

Order on 06th July, 2023 hence the Appeal is within the time from the date of

knowledge.

3. Hon'ble Supreme Court in V Nagarajan vs SKS Ispat And Power

Limited has laid down that limitation for filing the Appeal shall begin from

the date when order is passed. In the present case, the Appellant was a

Financial Creditor who has filed Section 7 Application hence Appellant cannot

be heard in saying that he was not aware of the Order when the Order was

delivered. More so when the counsel for the Appellant was present on date

when the Order is delivered.

-2-

4. We thus are of the view that the delay being more than 15 days after

expiry of limitation can not be condoned.

Delay Condonation Application is dismissed. Consequently, Memo of

Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

[Mr. Arun Baroka] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.1268/2023

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