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Mr. Deepak Kalra vs Respondent(S)

National Company Law Appellate Tribunal20 August 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The period available for condoning delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited by the proviso to Section 61(2) to a further 15 days beyond the 45-day limitation period, and the Appellate Tribunal has no jurisdiction to condone any delay exceeding that 15-day extension.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins) No. 1457 of 2024&I.A. No. 5295 of 2024IN THE MATTER OF:Deepak Kalra ...Appellant(s)(Suspended Director of Ashoka Hi-Tech BuildersPvt. Ltd.)Versus

...Respondent(s) Present: For Appellant : Ms. Bhavya Jain, Advocate For Respondents :

ORDER

(Hybrid Mode) 20.08.2024: IA No. 5295 of 2024

This is an application praying for condonation of 30 days' delay in

filing the appeal. Ld. Counsel for the Appellant submits that order was

passed on 05.04.2024 and this appeal has been e-filed on 04.06.2024.

Counsel for the Appellant submits that order was also amended on

18.04.2024.

It is not shown that after the pronouncement of the order appellant

have filed any application for certified copy of the order and the order

annexed along with the appeal is uncertified copy of the order. In view of the

matter the delay in filing the appeal is beyond 15 days, our jurisdiction to

condone the delay is only 15 days as per Section 61(2) proviso, the delay -2-

beyond 15 days we are unable to condone the delay. Delay condonation

application is dismissed. Memo of Appeal is Dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) sr/nn Comp. App. (AT) (Ins) No. 1457 of 2024

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