Mayura Attal vs Mr. Vimal Kumar Agarwal & Anr
- CitationCompany Appeal (AT) (Insolvency) No. 1163 of 2025
Ratio decidendi
The rule this decision rests on
Where an order is pronounced in open court, the limitation period for an appeal against it runs from the date of pronouncement and is not suspended until the order is uploaded; the date of uploading does not postpone the start of limitation. Where a party does not receive a certified copy in time, the remedy is to apply for that copy within the limitation period; a certified copy applied for only after the limitation period has expired gives no basis for counting time from its later receipt. 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 maximum of 15 days beyond the prescribed period, so a delay exceeding that cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Mayura Attal ...Appellant Versus Vimal Kumar Agarwal & Anr. ...Respondents
Present: For Appellant : Mr. Amir Arsiwala, Mr. Amey Hadwale and Ms. Geeta Lundwani, Advocates.
For Respondents :
ORDER
(Hybrid Mode)
21.08.2025 : I.A. No. 4544/2025
1. This is an application praying for condonation of delay of 49 days in
filing of the appeal.
2. The order impugned dated 27.03.2025 was pronounced in the Court on
27.03.2025, by which application filed by the appellant was rejected. This
appeal has been e-filed on 18.06.2025.
3. Learned counsel for the appellant submits that order was uploaded on
05.05.2025 hence the limitation need to be counted from 05.05.2025 and
hence the delay is only 13 days.
4. We have considered the submissions of the counsel for the appellant
and perused the records.
5. A perusal of the order dated 27.03.2025 clearly mentions "order
pronounced on 27.03.2025". When the order is pronounced in the Court, the limitation shall start running and shall not be arrested till it is uploaded as
submitted by the appellant. The said issue is fully covered by the judgment
of the Hon'ble Supreme Court in 'V. Nagarajan' Vs. 'SKS Ispat & Power
Ltd. & Ors.' reported in [Civil Appeal No. 3327/2020].
6. When the order was pronounced it was open for the appellant to apply
for the certified copy of the order and could have claimed the benefit, in event
the certified copy is not provided. Present is a case where certified copy was
applied by the appellant on 12.06.2025 and ready on 16.06.2025. Certified
copy was applied after expiry of the limitation, we thus are of the view that
the delay in filing the appeal is 49 days.
7. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso. We thus are unable to condone the delay in filing of
the appeal.
Delay condonation application is rejected. Memo of appeal is also
rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 1163 of 2025 & I.A. No. 4544 of 2025 2 of 2
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free