Mr. Manoj Kumar Singh Irp vs Nclt (Court-2 New Delhi) Through ...
- CitationCompany Appeal (AT) (Insolvency) No. 312 of 2024
Ratio decidendi
The rule this decision rests on
The appellate jurisdiction of the Tribunal to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the proviso to Section 61(2) to a further period of 15 days beyond the expiry of the prescribed limitation, and that power may be exercised only on sufficient cause being shown. Where an appeal is filed beyond the limitation period plus the 15-day condonable period, the Tribunal has no jurisdiction to condone the delay, and the delay condonation application must be dismissed and the memo of appeal rejected, regardless of the time spent in other proceedings, including proceedings before the High Court, which are excluded from the computation only insofar as the delay remains within the condonable period.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT) (Insolvency) No. 312 of 2024 & I.A. No. 900, 1040 of 2024
IN THE MATTER OF:
Manoj Kumar Singh ...Appellant(s)
Versus
Registrar, NCLT ...Respondent(s)
Present: For Appellant : Mr. Arvind Kumar, Anuradha Mishra, Shashi Kiran Kumari, Ankit Kumar Vats, Advocates For Respondents :
ORDER
(Hybrid Mode)
22.02.2024: I.A. No. 1040 of 2024. This is an application praying for
635 days delay in filing the Appeal. The Order impugned was passed on
17.01.2022.
2. Learned Counsel for the Appellant submits that after the Order of the
Adjudicating Authority, Appellant filed a contempt appeal (C) No. 15 of 2022
on 10th June, 2022 which appeal was dismissed as withdrawn on 20th
September, 2023.
3. Learned Counsel for the Appellant submits that due to aforesaid bona
fide proceeding, the delay was caused in the appeal.
4. Our jurisdiction to condone the delay is limited to 15 days only on
sufficient cause as per Section 61(2) proviso, hence the prayer for condonation 2
of delay which is beyond 15 days after expiry of the limitation cannot be
granted.
5. Even if we exclude the period during which proceeding were pending
before the High Court, the delay in filing the Appeal is beyond our condonable
period i.e. beyond 15 days. We thus dismiss the Delay Condonation
Application and reject the Memo of Appeal.
[Justice Ashok Bhushan] Chairperson
[Justice Yogesh Khanna] Member (Judicial)
[Barun Mitra] Member (Technical) Basant/nn
Company Appeal (AT) (Insolvency) No.312/2024
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