Lakshya Swarupa Housing Projects ... vs Mr. Gaurav Ashok Adukia
- CitationCompany Appeal (AT) (Insolvency) No. 1185 of 2025
Ratio decidendi
The rule this decision rests on
The limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date on which the impugned order is passed, not from the date on which that order is uploaded or made available. A delay beyond the condonable period cannot be condoned, and where it falls outside that period the delay condonation application and the appeal itself stand dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Lakshya Swarupa Housing Projects Pvt. Ltd. ...Appellant
Versus
Gaurav Adukia, Liquidator of Sunshine Housing and Infrastructure Pvt. Ltd. ...Respondent
Present: For Appellant : Mr. Sahrukh Ahmad, Advocate. For Respondents : Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Palak Kalra, Advocates.
ORDER
(Hybrid Mode)
28.10.2025: Heard learned counsel for the Appellant and learned
counsel for the Respondent. I.A. No.4631 of 2025 has been filed for
condonation of delay of 19 days' in filing the appeal. Order impugned was
passed on 02.06.2025 and this appeal has been e-filed on 21.07.2025.
2. Learned counsel for the Appellant submits that there was heavy rain in
Mumbai due to which the delay was caused. He further submits that order
was passed on 02.06.2025 but it was uploaded on 09.06.2025, hence, from
the date of uploading of the order the appeal is filed within the condonable
period.
3. Learned counsel for the Respondent submits that in the application for
condonation of delay which was filed by the Appellant, no such ground has
Cont'd.../ been taken nor there is any basis in the application to compute limitation
from the date of uploading of the order.
4. When we look into the application for condonation of delay, the only
reason given are in Paragraphs 3, 4 and 5, which are as follows:
"3. The unintentional and inadvertent delay has been caused m filing of the present appeal as the Appellant was in the process of obtaining legal advice. Any delay therefore caused is inadvertent and unintentional and due to circumstances beyond the control of the Appellant and deserves to be condoned with the gracious indulgence of this Hon'ble Tribunal under Section 61 of the IBC.
4. The facts and circumstances giving rise to the present Appeal have been set out in detail in the accompanying Appeal and are not being repeated herein for the sake of brevity and to avoid repetition. The Applicant/Appellant craves the leave of the Hon'ble Tribunal to refer and rely upon the same at the time of hearing.
5. It is submitted that there was a delay of 19 days in filing the present Appeal as the dispatch of papers of the Appeal from Mumbai to Delhi were delayed on account of the heavy rains in Mumbai. Therefore, the Applicant herein humbly prays before this Hon'ble Appellate Tribunal to condone the delay of 19 days in filing the present Appeal."
Company Appeal (AT) (Ins.) No. 1185 of 2025 2 of 3
5. The delay being beyond condonable period, we are unable to condone the
delay of 19 days', as prayed. It is not disputed that the order was passed on
02.06.2025 and the limitation shall commence from the date of passing of the
order. Delay Condonation Application is dismissed. In result, Memo of
Appeal is also dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Ins.) No. 1185 of 2025 3 of 3
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