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Mangalore Refinery & Petrochemicals ... vs Tecpro System Limited

National Company Law Appellate Tribunal21 August 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 15 days beyond the statutory limit; where the delay exceeds that period, the Tribunal has no jurisdiction to condone it, and the appeal must be rejected. Questions of fraud and limitation raised by a party against an order granting leave to the liquidator to institute proceedings are matters to be determined in the appropriate suit or legal proceeding subsequently instituted, and are not to be entertained in an appeal that is itself time-barred.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins.) No. 597 of 2023In the matter of:

M/s. Mangalore Refinery and Petrochemicals Ltd. ....Appellant Vs. Tecpro Systems Ltd. ...Respondent For Appellant: Mr. MKS Menon, Mr. Shashak Menon, Mr. Amit Verma, Mr. Avi levna, Advocates. For Respondent:

ORDER

21.08.2023: I.A. No.1986 of 2023:- This Application has been filed for

condonation of delay of 44 days. This Appeal has been filed against the order

dated 23.12.2022 passed by the Adjudicating Authority by which in IA No.

6176 of 2022 filed by the Liquidator, leave was granted to institute suit or legal

proceedings against 'Reliance Infrastructure Limited'.

2. Learned Counsel for the Appellant submits that the Appellant being not

aware of the order he could not file Appeal during the period of limitation.

Learned Counsel for the Appellant submits that fraud was committed on Court

hence, under Section 17 of the Limitation Act, limitation will not commence

till fraud is detected. He further relies on Section 3 of the Limitation Act and

submits that Court ought to have examined the question of limitation even if

there is no defense raised.

3. We have considered the submissions of the Learned Counsel for the

Appellant and perused the record.

2

4. The submissions which are sought to be raised by the Appellant on the

ground of fraud and limitation are the issues which had to be considered in

an appropriate suit or legal proceeding initiated by the liquidator. It is always

open for the Appellant to raise the question of fraud and limitation in an

appropriate proceeding. We, however, of the view that there is no ground to

condone the delay. Our jurisdiction to condone delay is only 15 days as per

Section 61(2) proviso, hence, we are unable to condone the delay in filing the

Appeal which is 44 days after expiry of limitation.

5. Delay condonation application is dismissed. Memo of Appeal is Rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Ajai Das Mehrotra] Member (Technical)

Anjali/nn

Comp. App. (AT) (Ins.) No. 597 of 2023

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