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Kumar Vocational Courses Academy ... vs Pawan Kumar Agrawal Rp Ksbl Securities ...

National Company Law Appellate Tribunal7 February 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by Section 61(2) to a further period of 15 days beyond the 30-day limitation period, and it has no power to condone a delay exceeding that outer limit. A later notice issued to the appellant in proceedings under a different provision does not extend or restart the limitation period for appealing an earlier order, and is not relevant to whether delay in filing such an appeal may be condoned.

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.201 of 2024& I.A. No. 694 of 2024IN THE MATTER OF:

Kumar Vocational Courses Academy Pvt. Ltd. ...Appellant

Versus

Pawan Kumar Agrawal RP of KSBL Securities Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Amit Gupta, Advocate. For Respondents:

ORDER

(Hybrid Mode)

07.02.2024: I.A. No. 694 of 2024: This is an application praying for

condonation of 872 days' delay in filing the appeal. Order impugned is dated

18.06.2021. Appeal has been e-filed on 07.12.2023. Ground taken by the

Appellant is that he has received notice only on 23.08.2023 when he came to

know about the order.

2 The notice referred to by the Appellant is the notice which was issued

by the Adjudicating Authority under Section 66 application which order of the

Adjudicating Authority was passed on 09.08.2023. The order dated

18.06.2021 was the order admitting Corporate Debtor into CIRP. The fact that

under 66 application notice was issued to the Appellant in August, 2023 is not

relevant in condoning delay in filing appeal against the order dated

18.06.2021.

Cont'd.../ -2-

3. Our jurisdiction to condone delay is limited to 15 days after expiry of

period of 30 days as per Section 61(2) proviso. We are unable to condone such

inordinate delay of 872 days in filing the appeal. Application for condonation

of delay is dismissed. In result, Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.201 of 2024

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