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Mmtc Ltd vs Sripatham Venkatasubramanian ...

National Company Law Appellate Tribunal24 November 2023

Ratio decidendi

The rule this decision rests on

Under the Insolvency and Bankruptcy Code, an appeal to this Tribunal filed beyond the 15-day period cannot be condoned for any further period, and the Tribunal has no jurisdiction to entertain an application seeking condonation of delay beyond 15 days, as laid down by the Supreme Court in National Spot Exchange Limited v. Anil Kohli, which the Tribunal treats as binding. The Supreme Court's bar on condonation beyond 15 days extends to the exercise of power under Article 142 of the Constitution, so the delay cannot be cured by invoking that power. Where the application for condonation of delay is dismissed, the appeal itself is not duly constituted and must be dismissed on that ground.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALAT CHENNAICompany Appeal (AT)(CH)(Ins) No. 409/2023(I.A. Nos. 1249 & 1250/2023

In the matter of: MMTC Ltd. ...Appellant

V

Sripatham Venkatasubramanian Ramkumar RP for SICAL Logistics Ltd. ...Respondent

Present: For Appellant : Mr. Kamal Kishen Jetley, Advocate

ORDER

(Virtual Mode)

24.11.2023: I.A. No. 1249/2023

This application is filed by the Applicant/Appellant seeking

condonation of 56 days' delay in filing the present appeal. We have heard

the Counsel for the parties. It is needless to mention that in view of the

decision rendered in Civil Appeal No. 6187 of 2019- "National Spot

Exchange Limited Vs. Anil Kohli, Resolution Professional for Dunar

Foods Ltd." the delay beyond 15 days cannot be condoned and even an

application for condonation of delay beyond 15 days cannot be entertained

by this Appellate Tribunal. The Hon'ble Supreme Court has also held that

the delay beyond 15 days cannot even be condoned by resorting to Article

142 of the Constitution of India.

In view of the above, the present Application is hereby dismissed.

...Contd....p/2..

Company Appeal (AT)(CH)(Ins) No. 409/2023

Since we have dismissed the Application by an order of even date,

the present appeal is not duly constituted and is hereby dismissed.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Shreesha Merla] Member (Technical) Akc/RR

National Spot Exchange Limited

Company Appeal(AT)(CH)(Ins) No. 409 of 2023 Page 2 of 2

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