Niapn Bansal Resolution Professional ... vs Eployees Povident Fund Organisation
- CitationCompany Appeal (AT) (Insolvency) No. 1454 of 2023
Ratio decidendi
The rule this decision rests on
Where an appeal under the Insolvency and Bankruptcy Code is filed beyond the prescribed period of limitation, the time taken to obtain a certified copy of the impugned order is not excludable from the limitation period where the application for that certified copy was itself made after the expiry of the limitation period, so that the copy was not the cause of the delay. The Appellate Tribunal's power to condone delay under Section 61(2) of the Insolvency and Bankruptcy Code is confined to a period of 15 days beyond the expiry of the limitation period, and it has no jurisdiction to condone a delay exceeding that period.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Nipan Bansal, Resolution Professional of KSM ....Appellants Spinning Mills Ltd. & Anr. Vs. Employees Provident Fund Organization ...Respondent For Appellants Present but not marked appearance. For Respondent
ORDER
(HYBRID MODE)
17.11.2023: I.A. No.5158 OF 2023:- This is an application praying for
Condonation of 203 days' delay in re-filing of the Appeal. The grounds taken
in the Application in paragraphs 3, 4, 5 and 6 make out sufficient cause of
delay in re-filing of the Appeal. Re-filing delay of 203 days is condoned. IA. No.
5158 of 2023 is disposed of.
I.A. No. 5204 OF 2023:- This is an application praying for Condonation of
14 days' delay in filing the Appeal. The order impugned was passed on
03.01.2023 and this Appeal has been e-filed on 01.03.2023 i.e. beyond 45
days from passing of the order.
2. Learned Counsel for the Appellant submits that the delay is only 14 days
since the period from 14.02.2023 to 27.02.2023 has to be excluded which
period was taken for giving the certified copy of the order. 2
3. The order impugned was passed on 03.01.2023 and the application for
certified copy was given on 14.02.2023 i.e. after 30 days from the date of the
order. When the application is filed beyond the period of limitation, the
Appellant is not entitled to exclude the period during which period certified
copy remains under preparation. Thus, the Appellant is not entitled for any
exclusion of the period during which copy was under preparation.
4. We, thus, are of the view that there is delay of more than 15 days after
expiry of the limitation and our jurisdiction to condone the delay is limited to
only 15 days as per Section 61(2), hence, we are unable to condone the delay
which is beyond 15 days. IA No. 5204 of 2023 is dismissed. Consequently, the
Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Anjali/nn
Company Appeal (AT) (Insolvency) No. 1454 of 2023 & I.A. No. 5204, 5158 of 2023
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