Ms Altruist Customer Management India ... vs First Flight Couriers Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 1105 of 2022
Ratio decidendi
The rule this decision rests on
The limitation period for an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date of the impugned order, and the period of 30 days is not extended by waiting for a free-of-cost copy of that order; the time during which a certified copy remains under preparation may be excluded, but an appellant cannot await receipt of a free copy before filing. The Appellate Tribunal's power under Section 61(2) of the Code to condone delay extends only to a further 15 days beyond the 30-day period, and it has no power to condone delay beyond that 15-day extension.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Altruist Customer Management India Pvt. Ltd. ...Appellant
Versus
First Flight Courier Ltd. ...Respondent
Present:
For Appellant: Mr. Anup Kumar, Advocate with Mr. Sumit Kansal, Advocate For Respondent:
ORDER
19.09.2022: There is an Application (I.A. No. 3243 of 2022) praying for
condonation of 72 days delay in refiling the Appeal. Ground taken in the
Application is that the Learned Counsel for the Appellant suffered viral fever.
Medical Certificate has been annexed and thereafter there was ceremony in
the family due to which delay in refiling was caused. Cause shown sufficient.
Delay in refiling the Appeal is condoned.
2. This Appeal has been filed against the Order dated 02.12.2019 passed
by the National Company Law Tribunal, Mumbai Bench. This Appeal has been
filed before this Tribunal on 30th May, 2022.
3. Learned Counsel for the Appellant sought to contend that copy of the
Order was received by the Appellant on 12.02.2020. The certified copy which
is annexed, is a "free of cost" copy which was received by the Appellant on
12.02.2020. It has been clearly laid down by the Hon'ble Supreme Court in
the matter of "V. Nagarajan Vs. SKS Ispat and Power Limited" decided on -2-
22.10.2021 that the Appeal has to be filed within 30 days and exclusion of the
period during which certified copy remained under preparation shall be
granted. Appellant cannot await receiving the "free of cost" copy in filing the
Appeal. In this Appeal, 30 days' limitation expired on 1st January, 2020 and
thereafter 15 days which is extendable by this Tribunal under Section 61(2) of
the IBC, 2016 also expired in January, 2020 itself. The Appeal is clearly barred
by time since delay is more than 15 days after expiry of the period of limitation.
This Appellate Tribunal is unable to condone the delay beyond 15 days as per
provision under Section 61(2) of the Code. The Appeal is dismissed as barred
by time.
[Justice Ashok Bhushan] Chairperson
[Justice M. Satyanarayana Murthy] Member (Judicial)
[Mr. Barun Mitra] Member (Technical)
Basant/nn
Company Appeal (AT) (Insolvency) No. 1105/2022
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