Manharlal Shantilal Mehta vs Jayanti Lal Jain
- CitationCompany Appeal (AT) (Insolvency) No. 1127 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined to a further period of fifteen days beyond the prescribed limitation period, by virtue of the proviso to Section 61(2); an application seeking condonation of a delay exceeding that fifteen-day window lies outside the Tribunal's jurisdiction, and the appeal to which it relates is therefore rejected together with the application.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Manharlal Shantilal Mehta & Ors. ...Appellant Versus Asset Reconstruction Company (India) Ltd. & Ors. ...Respondents
Present: For Appellant : Mr. Dushyant Tiwari, Advocate.
For Respondents :
WITH
Company Appeal (AT) (Insolvency) No. 1128 of 2025 & I.A. No. 4338 & 4400 of 2025
IN THE MATTER OF: Manharlal Shantilal Mehta & Ors. ...Appellant Versus Asset Reconstruction Company (India) Ltd. & Ors. ...Respondents
Present: For Appellant : Mr. Dushyant Tiwari, Advocate.
For Respondents :
WITH
Company Appeal (AT) (Insolvency) No. 1129 of 2025 & I.A. No. 4339 & 4403 of 2025
IN THE MATTER OF: Manharlal Shantilal Mehta & Ors. ...Appellant Versus Asset Reconstruction Company (India) Ltd. & Ors. ...Respondents Present: For Appellant : Mr. Dushyant Tiwari, Advocate.
For Respondents :
WITH
Company Appeal (AT) (Insolvency) No. 1130 of 2025 & I.A. No. 4340 & 4406 of 2025
IN THE MATTER OF: Manharlal Shantilal Mehta & Ors. ...Appellant Versus Asset Reconstruction Company (India) Ltd. & Ors. ...Respondents
Present: For Appellant : Mr. Dushyant Tiwari, Advocate.
For Respondents :
ORDER
(Hybrid Mode)
09.01.2026 : I.A. Nos. 4397, 4400, 4403 & 4406/2025
1. These are applications praying for condonation of 20 days delay in filing
of the appeal.
2. The order impugned was passed on 21.01.2025 and these appeals have
been e-filed on 21.03.2025. Appellant applied for certified copy on 28.01.2025
which was ready on 05.02.2025 even after giving benefit of the period during
which certified copy is under preparation, the appeal has been filed beyond
the condonable period of 15 days.
3. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso of the IBC.
Comp. App. (AT) (Ins.) No. 1127 - 1130 of 2025 2 of 3 The applications praying to condone the delay of 20 days are beyond
our jurisdiction, hence the delay condonation applications are rejected.
Consequently, memo of appeals is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/md
Comp. App. (AT) (Ins.) No. 1127 - 1130 of 2025 3 of 3
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