M/S. Omm Constructions vs Tuaman Engineering Limited
- CitationCompany Appeal (AT) (Insolvency) No. 641 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal's jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is limited to 15 days beyond the period prescribed by the statute (the proviso to Section 61(2)); it has no power to condone a longer delay, so a prayer to condone 47 days' delay cannot be allowed, and the appeal is rejected as time-barred.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Omm Constructions ...Appellant Versus Rinku Chaudhary & Anr. ...Respondents
Present: For Appellant : Ms. Sampanna Pani, Advocate. For Respondents : Ms. Shirvalli Kajaria, Mr. Amit Kumar Nag, Mr. Piyush Agarwal, Mr. Himanshu Chakravarty, Mr. Ms. Ripul Swati and Ms. Anju Thomas, Advocates.
ORDER
(Hybrid Mode)
19.04.2024 : I.A. No. 1640 of 2024
1. This is an application praying for condonation of refiling delay of 85
days. It is submitted that when the defects were communicated, the same
were cured within the time allowed and the Appeal thereafter re-filed several
times the defect was communicated and for refiling proof had to be attached,
which caused delay.
Cause shown sufficient. Refiling delay is condoned.
I.A. No. 2290 of 2024
1. This is an application praying for condonation of 47 days delay in filing
the Appeal. Order impugned was passed on 29.08.2023 and this Appeal has
been e-filed on 16.11.2023.
2. Appellant has prayed for condonation of 47 days delay in the
application.
3. Learned Counsel for the Appellant submits that by the order impugned,
Adjudicating Authority has also directed for handwriting expert opinion and
which report was being awaited by the Appellant hence the delay was caused.
4. It is submitted that the delay in such circumstances need to be
condoned.
5. Our jurisdiction to condone the delay is 15 days as per Section 61 sub-
Section (2) proviso. The prayer made in the application is for condonation of
47 days delay which is beyond our jurisdiction.
6. We, thus are of the view that the delay condonation prayer cannot be
allowed.
Delay condonation is rejected. Memo of Appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 641 of 2024 & I.A. No. 1640, 2290 of 2024 2 of 2
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