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Maharashtra State Electricity ... vs Uttam Galva Steels Limited & Ors

National Company Law Appellate Tribunal3 October 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the proviso to Section 61(2) to a further period of fifteen days beyond the prescribed limitation period; where the delay exceeds that period, the Tribunal has no jurisdiction to condone it, and the appeal must be rejected.

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.1254 of 2023& I.A. No.4427, 4345 of 2023IN THE MATTER OF:

Maharashtra State Electricity Distribution Company Ltd. ...Appellant

Versus

Uttam Galva Steels Ltd. & Ors. ...Respondents

Present: For Appellant: Mr. Arvind Nayar, Sr. Advocate with Mr. Udit Gupta, Mr. Anup Jain, Ms. Prachi Gupta and Ms. Nishtha Goel, Advocates.

For Respondent: Ms. Anannya Ghosh and Ms. Mrinalini Mishra, Advocates.

ORDER

03.10.2023: I.A. No. 4345 of 2023: This is an application praying for

condonation of refiling delay of 132 days. The ground taken in the application

is that objections were marked on 26.04.2023 and counsel for the Appellant

sought documents as well as additional information from the Appellant

Company which took considerable time, hence, there was refiling delay of 132

days. Cause shown sufficient, refiling delay is condoned.

2. I.A. No. 4427 of 2023: This is an application praying for condonation

of delay of 159 days in filing the Appeal. Appeal has been filed against the

order passed on 14.10.2022 of the Adjudicating Authority. Appeal was e-filed

only on 20.04.2023. The delay in filing the Appeal is more than 15 days after

expiry of the limitation. Our jurisdiction to condone delay is limited to only

Cont'd.../ -2-

15 days under Section 61(2) proviso. We, thus, are unable to condone the

delay as prayed in the application. Delay Condonation Application is

dismissed. In result, Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1254 of 2023

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