Maharashtra State Electricity ... vs Uttam Galva Steels Limited & Ors
- CitationCompany Appeal (AT) (Insolvency) No.1254 of 2023
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
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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