M/S Shirijay Infra Pvt. Ltd vs Trans Polyurethane Private Limited
- CitationCompany Appeal (AT) (Insolvency) No. 219 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined by the proviso to Section 61(2) to a maximum of 15 days beyond the prescribed period; where the delay exceeds that condonable period, the Tribunal has no jurisdiction to condone it, the delay condonation application must be dismissed, and the appeal consequently stands rejected as time-barred.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Shirijay Infra Pvt. Ltd. ...Appellant
Versus
Trans Polyurethane Pvt. Ltd. ...Respondent
Present:
For Appellant : Mr. Nakul Mohta, Mr. Munaf Virjee, Mr. Raushabh Parakh, Mr. Ayush Kashyap, Mr. Rohit K. Debnath, Advocates.
For Respondent :
ORDER
(Hybrid Mode)
24.02.2025: I.A. No.848 of 2025: This is an application praying for
condonation of 297 days' delay in filing the appeal. The impugned order was
passed on 15.12.2023 and this appeal has been e-filed on 16.11.2024.
Our jurisdiction to condone delay is limited to 15 days as per Section
61(2) proviso. The delay in filing the appeal being beyond condonable period,
the Delay Condonation Application is dismissed. In result, Memo of Appeal
is also rejected.
Learned counsel for the Appellant submits that the liberty may be given
to the Appellant to take such proceeding as permissible in law.
Cont'd.../ 2
When we have dismissed the appeal being barred by time, we are not
inclined to make any observation.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.219 of 2025
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