Maharashtra State Electricity ... vs Shree Siddhi Vinayak Ispat Pvt Ltd & Ors
- CitationCompany Appeal (AT) (Insolvency) No.1133 of 2023
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the prescribed limitation period, and it has no jurisdiction to condone a delay exceeding that period; where the appeal is filed beyond that outer limit, the delay cannot be condoned and the appeal, along with the memo of appeal, stands rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Maharashtra State Power Electricity ...Appellant Distribution Company Ltd.
Versus
Shree Siddhi Vinayak Ispat Pvt. Ltd. Respondents
Present: For Appellant: Mr. Arvind Nayar, Sr. Advocate with Mr. Udit Gupta, Mr. Anup Jain, Ms. Nishtha Goel, Advocates.
For Respondents:
ORDER
20.09.2023: I.A. No. 3893 of 2023: This is an application for
condonation of 74 days delay in refiling the Appeal. Sufficient cause having
been shown in the application, refiling delay is condoned. I.A. No. 3893 of
2023 stands disposed of.
I.A. No. 3946 of 2023: This is an application praying for condonation of delay
in filing the Appeal. The Appeal has been filed against order dated 23.12.2022
passed by the Adjudicating Authority. The Appeal has been e-filed on
25.03.2023 i.e. with delay of more than 15 days after expiry of the limitation.
Our jurisdiction to condone delay is limited to only 15 days under Section
61(2) proviso, hence, we are unable to condone the delay as prayed for. Delay
Cont'd.../ -2-
Condonation Application is dismissed. In result, Memo of Appeal is also
rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1133 of 2023
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