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Nabard Consultancy Services ... vs M/S. Technopak Advisors (P) Ltd

National Company Law Appellate Tribunal8 April 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to condone delay in filing an appeal against an order of the Adjudicating Authority approving a resolution plan under the Insolvency and Bankruptcy Code is confined to a further period of fifteen days beyond the statutory period of limitation, as provided by the proviso to Section 61(2); where the delay sought to be condoned exceeds that period, the Tribunal has no power to condone it, and the delay condonation application must be rejected together with the appeal memo.

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. 377 of 2025&I.A. No. 1338, 1408 of 2025

IN THE MATTER OF: NABARD Consultancy Services Pvt. Ltd ...Appellant

Versus

Technopak Advisors Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Rishi Kapoor, Mr. Azad Bansala and Mr. Yash Gupta, Advocates

For Respondent :

ORDER

(Hybrid Mode)

08.04.2025 I.A. No.1408 of 2025 This is an application praying for

condonation of 1384 days' delay in filing the Appeal. Order impugned was

passed on 08.02.2021 approving the resolution plan which order was

challenged by filing this appeal on 23.12.2024.

Learned counsel for the Appellant submits that the Appellant was not

aware of the CIRP proceeding and there has been order by the government to

the recovery of the amount, hence after they came to know the appeal has

been filed. Our jurisdiction to condone the delay is limited to 15 days only as

per Section 61(2) proviso. The delay being beyond the condonable period, the

delay condonation cannot be allowed. Delay condonation Application is

rejected. The memo of Appeal is also rejected.

Re-filing delay of 8 days, sufficient cause has been shown for condoning

the re-filing delay, which is allowed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) pks/nn

Company Appeal (AT) (Insolvency) No. 377 of 2025 2 of 2

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