Kumar Dutta, Proprietor K.D Trading vs Simplex Infrastructure Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 69 of 2019
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal has no power to condone a delay in filing an appeal beyond the period prescribed by sub-section (2) of Section 61 of the Insolvency and Bankruptcy Code, 2016, which permits condonation only up to a further fifteen days after the initial thirty-day period; an appeal filed beyond that outer limit is barred by limitation and must be dismissed on that ground without examination of its merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Kumar Dutta, Proprietor K. D. Trading ...Appellant
Vs
Simplex Infrastructure Ltd. ....Respondent
Present: For Appellant: Mr. Anirban Kar and Mr. Hemant Daswani, Advocates. For Respondent:
ORDER
22.01.2019: This appeal has been preferred by Proprietor of 'K. D. Trading' against order dated 23rd July, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench whereby and whereunder the application under Section 9 preferred by the Appellant for initiation of Corporate Insolvency Resolution Process against 'Simplex Infrastructure Ltd.' has been rejected by detailed judgment.
2. Learned counsel appearing on behalf of the Appellant submits that the Adjudicating Authority had no jurisdiction to decide claim and counter claim. He further submitted that the Adjudicating Authority failed to consider the continuous cause of action which was brought to its notice.
3. On merit, there may be some prima facie case made out for issuance of notice to hear the other side but in view of the fact that impugned order was passed by the Adjudicating Authority on 23rd July, 2018and certified coy was delivered on 24th August, 2018 and the appeal having filed on 8th January, 2019 i.e. beyond 45 days (30 days period for filing an appeal plus 15 days further -2-
period which can be condoned by this Appellate Tribunal), we hold that we have no jurisdiction to condone the delay in terms of Sub-section (2) of Section 61 of the I&B Code. The appeal is dismissed being barred by limitation. No costs.
[Justice S. J. Mukhopadhaya] Chairperson
[Justice Bansi Lal Bhat] Member (Judicial) am/uk
Company Appeal (AT) (Insolvency) No. 69 of 2019
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