Mmtc Ltd vs Sripatham Venkatasubramanian ...
- CitationCivil Appeal No. 6187 of 2019
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
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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