M/S. Gati – Kintetsu Express Pvt. ... vs M/S. Pearltree Commodities Private ...
- CitationCompany Appeal (AT) (Ins.) No. 289 of 2020
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal can condone a delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 only to the extent of 15 days beyond the 30-day period prescribed, by virtue of the proviso to Section 61(2); no delay beyond that period can be condoned. Where an appeal is filed beyond the limitation period together with an application for condonation of delay, and the delay sought to be condoned exceeds the outer limit of 15 days permitted by the proviso to Section 61(2), the application is hopelessly barred by limitation and must be dismissed, and the appeal itself, being time-barred, stands dismissed with it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Gati-Kintetsu Express Pvt. Ltd. ...Appellant
Versus
Pearltree Commodities Pvt. Ltd. ...Respondent
For Appellant: Mr. Tarun Kr. Tiwari, Advocate For Respondents: Mr. Fanish Kumar Rai, Mr. Gaurav Sahdev and Disha Puri, Advocates
ORDER
06.09.2022: This order shall dispose of I.A. No. 759 of 2020 in CA (AT)
(Ins) No. 289 of 2020, by which the Appellant has prayed for condonation of
delay of 15 days in filing of the appeal.
2. Counsel for Respondent has submitted that the Appellant has wrongly
mentioned the period of delay of 15 days in filing of the appeal. According to
him, the impugned order was passed on 08.11.2019, certified copy was
applied by the Appellant on 25.11.2019 which was prepared on 16.12.2019
and delivered on the same date.
3. It is submitted that since the appeal is filed on 06.02.2020, therefore,
there is a delay of 69 days in filing of the appeal. According to the Respondent
the period of 15 days was consumed by the Appellant in applying the certified
copy i.e 08.11.2019 to 25.11.2019 and if the period of limitation is to be
counted from the date when the certified copy was prepared i.e on 16.12.2019 and the appeal having been filed on 06.02.2020, the Appellant has consumed
69 days in filing of the same. It is further submitted that as per Section 61 of
the Code, the period of limitation is 30 days for filing of the appeal and if 15
days is also extended for which the sufficient cause has to be assigned by the
Appellant, still there would be a delay of 24 days.
4. Faced with these arguments, Counsel for the Appellant has gracefully
conceded that there was an error on his part in calculating the days period of
limitation.
5. Keeping in view of the aforesaid facts and circumstances, the
application itself is hopelessly barred by limitation as this Tribunal can only
condone a period of delay of 15 days in terms of proviso to Section 61(2) of
the Code and not beyond that.
6. The application is, thus, hereby dismissed. Since, we have dismissed
the application for condonation of delay, therefore, this appeal is also hereby
dismissed.
[Justice Rakesh Kumar Jain] Member (Judicial)
[Mr. Kanthi Narahari] Member (Technical)
[Dr. Alok Srivastava] Member (Technical)
SC/RR
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