Municipal Corporation Of Greater ... vs Mr. Abhay Narayan Manudhane
- CitationCompany Appeal (AT) (Insolvency) No. 252 of 2025
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the statutory period of forty-five days, as provided by the proviso to Section 61(2). Where an appeal is filed beyond that outer limit, the Tribunal has no power to condone the delay, and the delay condonation applications and the appeals themselves must be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Municipal Corporation of Greater Mumbai ...Appellant Versus Abhay Narayan Manudhane ...Respondent
With
Company Appeal (AT) (Insolvency) No. 253 of 2025 & I.A. No. 969 of 2025
IN THE MATTER OF: Municipal Corporation of Greater Mumbai ...Appellant Versus Abhay Narayan Manudhane ...Respondent
Present: For Appellant : Mr. Balbir Singh, Sr. Advocate with Mr. Ashish Wad, Mr. Siddharth Dharmadhikari, Ms. Swati Arya, Ms. Akriti Arya, Mr. Naman Tandon, Mr. Mohd. Hadi, Mr. Aaditys Krishna, Advocates. For Respondent : Ms. Meghna Rao, Mr. Harshit Goel, Advocates.
ORDER
(Hybrid Mode)
10.03.2025: I.A. No.966 of 2025 in Company Appeal (AT)
(Insolvency) No. 252 of 2025 and I.A. No.969 of 2025 in Company Appeal
(AT) (Insolvency) No. 252 of 2025: These are two application praying for
condonation of 136 days' delay in filing the appeal. Order impugned was
passed on 11.07.2024 and these appeals have been e-filed on 24.12.2024.
Cont'd.../ 2
2. Our jurisdiction to condone delay is limited to 15 days only as per
Section 61(2) proviso. The appeal being filed beyond condonable period, we
are unable to condone that delay as prayed in the applications. Delay
Condonation Applications are rejected. Memo of Appeals are also rejected.
[Justice Ashok Bhushan] Chairperson
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.252 & 253 of 2025
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