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M/S Clavecon (India) Private Limited vs Saldar Infrastructure & Contracts ...

National Company Law Appellate Tribunal28 May 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined to a maximum of fifteen days beyond the prescribed limitation period, and a delay exceeding that extension is uncondonable. Where the appellant seeks to compute limitation from the date of receipt of a certified copy of the impugned order, the time taken to prepare the copy is not excluded from the limitation period where the certified copy was applied for beyond the period of thirty days from the pronouncement of the order; limitation runs from the date of pronouncement of the order.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Comp. App. (AT) (Ins) No. 947 of 2024 & I.A. No. 3452 of 2024 IN THE MATTER OF: Clavecon (India) Pvt. Ltd. ...Appellants Versus Saldar Infrastructure & Contracts Pvt. Ltd. ...Respondents

Present: For Appellant : Mr. Anandh K., Mr. Lalit Besoya, Ms. Mehak Kalra, Ms. Nishita Jagetia and Ms. Samridhi Sachdeva, Advocates. For Respondents : None.

ORDER

(Hybrid Mode)

28.05.2024: IA No. 3452 of 2024

This is an application filed for condonation of delay in filing the appeal.

The impugned order was passed on 11.01.2024 by which application filed by

the applicant under Section 9 of the 'Code' have been rejected. The appeal has

been e-filed on 19.03.2024. Counsel for the appellant submits that certified

copy was given on 06.03.2024 hence the limitation could be counted from

06.03.2024 hence from the said date there is delay of within condonable

period.

2. He further submits that appellant had filed a complaint against the

counsel to the Bar Council which is pending for consideration. We have looked

into the certified copy which have been filed along with appeal. The certified

copy was applied on 28.2.2024 and the copy was given on 06.3.2024. Order has been passed on 11.01.2024 and the copy was applied beyond 30 days. The

appellant is not entitled to take any exclusion of the period during which

certified copy was under preparation. The order was passed on 11.01.2024

which was pronounced by the Adjudicating Authority hence the limitation shall

commence from 11.01.2024 itself. Counsel for the appellant further submitted

that appellant should not suffer due to any lapse on the part of the counsel for

the appellant.

3. In the present case our jurisdiction to condone the delay is limited to 15

days as per Section 61(2) proviso of the IBC the delay being more than 15 days

after expiry of the limitation is uncondonable. We reject the delay condonation

application and memo of appeal is also dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

harleen/NN

Comp. App. (AT) (Ins) No. 947 of 2024 & I.A. No. 3452 of 2024 2 of 2

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