Melker Tti Biofuels Limited Formerly ... vs Mr. Dharit Kishorbhai Shah Liquidator ...
- CitationCompany Appeal (AT) (Insolvency) No. 763 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited by the proviso to Section 61(2) to a further period of 15 days beyond the statutory limitation period, and it has no power to condone a delay exceeding that period.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Melker TTI Biofuels Ltd. Formerly known as Seebhal Mikelin Distillery Pvt. Ltd. ...Appellant Versus Dharit Kishorbhai Shah, The Liquidator for Dhaval Pratap Singh Mohite Patil Agro Industries Ltd. ...Respondent
Present: For Appellant : Mr. B. Gopalkrishnan, Mr. Nilesh S. Ghadge, Mr. Ashish Dalal and Ms. Gauri Nar, Advocates. For Respondent :
ORDER
(Hybrid Mode)
08.05.2024 : I.A. No. 2354 of 2024
1. This is an application praying for condonation of delay of 41 days in
refiling the appeal.
2. The ground taken in the Affidavit is that the Appeal was filed on
09.02.2024 and thereafter the defects were pointed out, Appellant took time
to arrange for the same and accordingly there was delay of 41 days.
Cause shown sufficient. 41 days in refiling delay is condoned.
I.A. No. 2738 of 2024
1. This is an application praying for condonation of 36 days delay in filing
the appeal.
2. The Order was passed on 05.12.2023 and this Appeal has been e-filed
on 09.02.2024. The reason given by the Learned Counsel for not been able to
file the appeal within time is that there was some family exigency and Advocate has to travel his native place in southern part of India and was not
available.
3. Our jurisdiction to condone is only limited to 15 days delay as per
Section 61(2) proviso. The delay of 36 days after expiry of limitation is beyond
condonable period.
4. We thus are unable to condone the delay in filing the Appeal.
Delay condonation is rejected. Memo of Appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical]
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 763 of 2024 & I.A. No. 2354, 2738 of 2024 2 of 2
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