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Mahipal Singh vs Rohit Sehgal Liquidator

National Company Law Appellate Tribunal30 January 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Under the limitation scheme of the Insolvency and Bankruptcy Code, time for filing an appeal runs from the date the order is pronounced, not from the date the appellant receives a copy of it, so the appellant's claimed late receipt of the order does not defer commencement of limitation. The Appellate Tribunal's power to condone delay in filing an appeal is confined to a further period of 15 days beyond the statutory period, and it has no jurisdiction to condone a delay exceeding that limit; where the delay exceeds the condonable period, the application for condonation must be rejected and the appeal, being filed beyond time, must be rejected with it.

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. 35 of 2025& I.A. No. 67, 118 of 2025

IN THE MATTER OF: Mahipal Singh ...Appellant

Versus

Rohit Sehgal ...Respondent

Present: For Appellant : Mr. Pradeep Gupta, Advocate. For Respondent : Mr. Shashwat Anand, Ms. Shashwat Parihar, Mr. Deepanshu Badiwal, Mr. Rishabh Kumar, Advocates.

ORDER

(Hybrid Mode)

30.01.2025: I.A. No. 67, 118 of 2025: This is an application

praying for condonation of 30 days' delay in filing the appeal. Order was

passed on 23.07.2024 and this appeal has been filed on 30.09.2024. Learned

counsel for the Appellant submits that the Appellant received the copy of the

order only on 18.09.2024, hence, there is no delay in filing the appeal.

2. Law in well settled by the Hon'ble Supreme Court in "V. Nagarajan vs.

SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244" that when

judgment is delivered the limitation shall commence for filing the appeal and

is not dependent on receipt of copy of the order by the Appellant.

3. Our jurisdiction to condone delay is limited to 15 days as per Section

61(2) proviso and delay in filing the appeal being beyond condonable period

Cont'd.../ 2

we are unable to condone the delay. Hence, Delay Condonation Application

is rejected. 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.35 of 2025

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