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Ml Gupta Through Legal Heir vs Kamal Agarwal And Ors

National Company Law Appellate Tribunal10 November 2022Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1246 of 2022& I.A. No. 3812 of 2022IN THE MATTER OF:

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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