Miss Lucy
← All judgments

Municipal Corporation Of Greater ... vs Mr. Abhay Narayan Manudhane

National Company Law Appellate Tribunal10 March 2025Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 252 of 2025& I.A. No. 966 of 2025

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

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free