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M/S.Square1 Packaging & Polymers vs Matoshri Laxmi Sugar Co-Generation ...

National Company Law Appellate Tribunal25 April 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Limitation for filing an appeal runs from the date on which the impugned order is pronounced, and not from the date on which it is uploaded or otherwise made available, where the appellant's counsel was present when the order was passed. Non-uploading of the order and the absence of partners on travel do not constitute sufficient cause for condoning a delay in filing an appeal where the appellate jurisdiction to condone delay is limited to a fixed period, and the appeal is therefore rejected where the delay exceeds that period.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 363 of 2023&I.A. No. 1215 of 2023IN THE MATTER OF:

Square 1Packaging & Polymers ...Appellant

Versus

Matoshri Laxmi Sugar Co-Generation Industries Ltd. ...Respondent

Present: For Appellant: Mr. Pritesh Burad, Ms. Samita Vaviya, Advocates For Respondent: Mr. Shivalok Y, Manisha K., T.N.D. Prasad, Prakasa, Advocates

ORDER

25.04.2023: I.A. No. 1215 of 2023. This is an Application praying for

condonation of 40 days delay in filing the Appeal. This Appeal has been filed

against the Order dated 01.12.2022 passed by the Adjudicating Authority by

which Company Petition filed by the Appellant was dismissed.

2. This Appeal has been e-filed on 09.02.2023. There is delay of 40 days in

filing the Appeal. The prayer made in the Application is to condone 40 days

delay. Our jurisdiction to condone the delay is 15 days only. Learned Counsel

for the Appellant submits that order was not uploaded hence delay has

occasioned. He further submits that partners were travelling.

3. We are of the view that limitation to file Appeal commences from the

date when the Order is pronounced especially when the Learned Counsel for

the Appellant was present when the Order was passed. -2-

4. We thus are of the view that there is no ground to condone the delay.

Delay Condonation Application (I.A. No. 1215 of 2023) is dismissed.

Consequently, the Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 363/2023

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