Mr. Arun Bajaj & Ors vs M/S Morpheus Developers Private ...
- CitationCompany Appeal (AT) (Insolvency) No.998 of 2022
Ratio decidendi
The rule this decision rests on
The period of limitation for an appeal runs from the date the impugned order is pronounced, not from the date it is uploaded to the website, and the time taken to obtain a certified copy of the order is excludable from that period only to the extent of the time actually spent in its preparation. Where the appeal is filed after the expiry of the prescribed period as so computed, and the delay exceeds the fifteen-day extension the Tribunal is empowered to condone, the Tribunal has no jurisdiction to condone it and the delay condonation application must be dismissed and the appeal rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Arun Bajaj & Ors. ...Appellants
Versus
Morpheus Developers Pvt. Ltd. ...Respondent
Present: For Appellants: Mr. Nityanand Singh, Advocate.
For Respondent:
ORDER
14.12.2022: I.A. No. 2824 of 2022: This is an application praying for
condonation of delay in filing the Appeal. The Appeal has been filed against
the order dated 07.03.2022 passed by the Adjudicating Authority (National
Company Law Tribunal), Principal Bench, New Delhi. The Appeal has been
filed in this Tribunal on 17.05.2022.
2. Learned counsel for the Appellant submits that no date was fixed for
pronouncement of the order and the Appellant came to know about passing of
the order when the order was uploaded on website on 26.03.2022 and
immediately thereafter applied for certified copy on 28.03.2022, which was
ready on 06.04.2022. He submits that since the Appellant was not aware of
passing of order dated 07.03.2022, hence, the delay be computed from the
date when certified copy of order was received which is only 15 days, which is
within the condonable limit.
Cont'd.../ -2-
3. We have considered the submissions of learned counsel for the
Appellant and perused the application filed in support of delay condonation.
4. The order having been passed on 07.03.2022 period of limitation shall
commence from the said date. It is settled by the Hon'ble Supreme Court in
"V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244",
that the limitation period shall be computed from the date when the order is
delivered and date of uploading cannot be taken as date for start of limitation
for filing an Appeal. We have seen certified copy of the impugned order which
was applied on 28.03.2022, certified copy was prepared on 06.04.2022. The
Appellant can only claim exclusion of period taken for preparation of the
certified copy i.e. 10 days. When we add 10 days period to the 30 days period
of limitation that period comes to end on 17.04.2022. Hence, there is delay in
filing the Appeal of more than 15 days. Our jurisdiction to condone the delay
being limited to 15 days only, we are unable to condone the delay which is
more than 15 days in filing the Appeal. Delay Condonation Application is
dismissed. Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No. 998 of 2022
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