Mr.Shriyash Kulkarni vs M/S Shrid Metal Technologies Pvt Ltd & ...
- CitationRestoration Application No. 1 of 2022
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal may recall an order disposing of an appeal as withdrawn where the appellant establishes that counsel was not instructed to withdraw the appeal, and it may thereupon hear the appeal on merits. Where an appeal is filed beyond the thirty-day period of limitation prescribed for appeals to the Appellate Tribunal, and the appellant's own pleading shows that he acquired knowledge of the impugned order more than thirty days before filing, the appeal is barred by limitation and is liable to be dismissed on that ground.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT) (Insolvency) No. 1502 of 2019 IN THE MATTER OF: Shriyash Kulkarni ...Appellant
Versus Shrid Metal Technologies Pvt. Ltd. ...Respondent
Present: For Appellant: Advocate Filji Fredrick For Respondent:
ORDER
(Virtual Mode)
23.03.2022:
Restoration Application 1 of 2022
1. Restoration Application No. 1 of 2022 has been filed by the Appellant
praying for recall of the Order dated 2nd January, 2020 passed in Company
Appeal (AT) Ins. No. 1502 of 2019. By which Order, the Appeal was
disposed of as withdrawn. On 2nd January, 2020, following order was
passed:
Restoration Application No. 1 of 2022 In Company Appeal (AT) (Insolvency) No. 1502 of 2019 "The Appeal being barred by limitation, learned counsel for the Appellant seeks permission to withdraw the Appeal. The Appeal is accordingly disposed of as withdrawn"
2. Learned Counsel for the Appellant submits that no instruction was given
to the Counsel to withdraw the Appeal hence the Order dated 02nd
January, 2020 be recalled and heard on merit. A perusal of the Order
dated 02nd January, 2020 indicates that the Court has itself observed that
Appeal is barred by time and on that Learned Counsel for the Appellant
sought permission to withdraw the Appeal. However, in view of the
submission of the Appellant that no instruction was given to the Learned
Counsel for the Appellant to withdraw the Appeal, we recall the Order
dated 02nd January, 2020 and allow the Restoration Application No. 01 of
2022.
Company Appeal (AT) Ins. No. 1502 of 2019
1. This Appeal has been filed by the Appellant challenging the Order dated
26th July, 2019 passed by the Adjudicating Authority (National Company
Law Tribunal, Mumbai Bench) in M.A. No. 285 of 2019. The Appellant itself
in his application has indicated that the Appellant came to know about
the Order dated 26th July, 2019 on 13.09.2019. The Appeal came to be
filed on 26.11.2019 that is beyond 30 days which is the period of limitation
for filing an Appeal before the Appellate Tribunal. Appellant's case is that
he came to know about the Impugned Order on 13.09.2019 and filed the
Restoration Application No. 1 of 2022 In Company Appeal (AT) (Insolvency) No. 1502 of 2019 Appeal on 26.11.2019 which is clearly beyond time and Appeal being filed
beyond time is dismissed accordingly as barred by time.
[Justice Ashok Bhushan] Chairperson
[Dr. Alok Srivastava] Member (Technical)
[Ms. Shreesha Merla] Member (Technical)
Basant/nn
Restoration Application No. 1 of 2022 In Company Appeal (AT) (Insolvency) No. 1502 of 2019
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