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Manish Jain vs P. K. Sales Company Pvt. Ltd. & Anr

National Company Law Appellate Tribunal30 May 2019

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal has no jurisdiction to condone a delay beyond the period prescribed for an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, so an appeal filed 228 days late cannot be entertained on the merits. An order of the Adjudicating Authority or of the Appellate Tribunal does not bar the Liquidator from proceeding in accordance with an earlier decision of the Appellate Tribunal in a different matter, which is treated as the governing guidance for the liquidation.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 591 of 2019

IN THE MATTER OF: Manish Jain ...Appellant Vs P. K. Sales Company Pvt. Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Sanjeev Sagar and Ms. Nazia Parveen, Advocates. For Respondents:

ORDER

01.05.2019: This appeal has been preferred by the Appellant, Director/

Shareholder of 'M/s P. K. Sales Company Pvt. Ltd.' against order dated 10th

October, 2018, which reads as follows:-

"ORDER

Written communication has been placed on record in Form 2

along with the certificate of registration by the proposed

liquidator. The Committee of Creditor comprises of only the

applicant Bank. In view of the resolution passed by the COC,

Mr. Rakesh Bhatia the Insolvency Professional is hereby

appointed as the Liquidator to deal with the assets of the

Corporate Debtor. Let interim report be filed."

Company Appeal (AT) (Insolvency) No. 591 of 2019 -2-

2. As the present appeal has been preferred after delay of 228 days, this

Appellate Tribunal has no jurisdiction to condone the delay in the view of Section

61(2) of the Insolvency and Bankruptcy Code, 2016. However, the order passed

by the Adjudicating Authority or by this Appellate Tribunal will not come in the

way of the Liquidator to proceed in accordance with the decision of this Appellate

Tribunal in "Y. Shivram Prasad Vs. S. Dhanapal & Ors. etc. - Company

Appeal (AT) (Insolvency) No. 224 of 2018 & 286 of 2018', disposed of on

27th February, 2019".

3. The appeal stands disposed of with aforesaid observation. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A. I. S. Cheema] Member (Judicial)

(Kanthi Narahari) Member (Technical) am/sk

Company Appeal (AT) (Insolvency) No. 591 of 2019

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