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Mr. Padam Kumar Jain Prop: Prateek ... vs Cs Anagha Anasingaraju Resolution ...

National Company Law Appellate Tribunal4 March 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Limitation for an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date on which the impugned order is pronounced, and not from the date on which the appellant comes to know of that order. The Appellate Tribunal's power to condone delay in filing such an appeal is confined to the fifteen-day period permitted by the proviso to Section 61(2); delay beyond that period cannot be condoned, and an application seeking condonation of such delay is to be dismissed, with the appeal consequently rejected.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 2082 of 2024& I.A. No. 7764 of 2024

IN THE MATTER OF: Padam Kumar Jain Prop: Prateek Trading Company Aklera ...Appellant

Versus

CS Anagha Anasingaraju RP of Hindustan Eco-Tech Pvt. Ltd. & Ors. ...Respondents

Present: For Appellant : Present but appearance not marked. For Respondent :

ORDER

(Hybrid Mode)

04.03.2025: I.A. No. 7764 of 2024: This is an application praying for

condonation of delay. This appeal has been filed against order dated

09.05.2024 by which order the Adjudicating Authority has approved the

Resolution Plan. Order was pronounced on 09.05.2024. This appeal has

been e-filed on 02.07.2024.

2. Learned counsel for the Applicant/Appellant submits that the Appellant

was not party to the proceeding, hence, he was not aware of the order and he

came to know only on 17.05.2024 when the Resolution Professional sent an

email to the Appellant. Learned counsel for the Appellant submits that he

has filed claim as Operational Creditor and he has been given a meagre

amount of only 1%. If the limitation is calculated from the date when he came

to came to know of the order, the appeal has been filed within condonable

period.

Cont'd.../ 2

3. We have considered the submissions of learned counsel for the

Appellant and perused the record.

4. The order impugned indicate that order was pronounced on

09.05.2024. Limitation for filing an appeal commences from date of

pronouncement, this issue has been settled by the Hon'ble Supreme Court in

the judgment of "V. Nagarajan vs. SKS Ispat and Power Limited and Ors.

(2022) 2 SCC 244" where it was held that limitation for filing the appeal shall

commence from date of pronouncement of the order. Coming to know about

the passing of order subsequently cannot be a ground to condone the delay

nor the running of the limitation shall be arrested till the appellant comes to

know about the order. We, thus, are of the view that delay is beyond

condonable period. Our jurisdiction to condone delay is limited to only 15

days under Section 61(2) proviso. Delay being beyond condonable period

cannot be condoned. Delay Condonation Application is dismissed. In result,

memo of appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.2082 of 2024

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