Ml Gupta Through Legal Heir vs Kamal Agarwal And Ors
- CitationCompany Appeal (AT) (Insolvency) No. 1246 of 2022
Ratio decidendi
The rule this decision rests on
The limitation for filing an appeal under the Insolvency and Bankruptcy Code runs from the date of pronouncement of the order appealed against, not from the date on which the party or its counsel came to know of the order or applied for a certified copy. The Tribunal's power to condone delay in filing an appeal is confined to the period of fifteen days beyond the prescribed limitation, and where the delay exceeds that period, the Tribunal has no jurisdiction to condone it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Late M. L. Gupta ...Appellants Through Legal Heir Anupam Gupta
Versus
Kamal Aggarwal Liquidator & Ors. ...Respondents
Present: For Appellants: Ms. Sanjana Nangia, Advocate. For Respondents: Mr. Kmal Aggarwal, Liquidator in person for R-1. Mr. Gautam Bajaj, Advocate for R-2.
ORDER
10.11.2022: I.A. No. 3812 of 2022: This is an application filed for
condonation of delay. The order by the Adjudicating Authority was passed on
27.05.2022. Present Appeal has been filed on 04.08.2022. Learned counsel
for the Appellant submits that the Counsel for the Appellant was not aware of
the pronouncement of the order and he came to know about the order only on
17.07.2022 and thereafter he informed the Appellant. This fact has been
brought in detail in para 2 of the Additional Affidavit.
We are of the view that the limitation for filing Appeal starts running
from the date of pronouncement of the order and on the ground taken in para
2 of the Additional Affidavit we are unable to condone the delay. The
jurisdiction vested with this Tribunal to condone delay is only of 15 days under
Section 61(2) proviso. There being delay of more than 15 days in filing the
Appeal, delay cannot be condoned.
Cont'd.../ 2
Learned counsel for the Appellant further submits that certified copy of
the order was applied on 22.07.2022, hence, limitation should start from the
date of applying of certified copy of the order.
The order having been passed on 27.05.2022, applying for certified copy
after expiry of limitation period shall not give any benefit to the Appellant,
therefore this argument do not help the Appellant.
There being delay of more than 15 days in filing the Appeal, Application
for Condonation of Delay is dismissed. In result, Memo of Appeal is also
rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No. 1246 of 2022
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