Nikhil Chaudhary vs M/S Hi Lead Infotech Private Limited
- CitationCompany Appeal (AT) (Ins.) No. 372 OF 2020
Ratio decidendi
The rule this decision rests on
Under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016, an appeal filed after the 30-day limitation period may be admitted only for a delay of up to a further 15 days, and only where the appellant shows sufficient cause for not filing within the limitation period and for the delay thereafter; a bare application for condonation that offers no sufficient cause for either period cannot succeed, and the appeal falls with it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Nikhil Chaudhary ...Appellant
Versus
Hi-Lead Infotech Pvt. Ltd. ...Respondent Through Its Director Sunil Kumar
For Appellant: Ms. Nupoor Maharaj, Advocate For Respondents: Mr. Jeetender Gupta, Advocate
ORDER
(Per: Justice Rakesh Kumar Jain)
22.08.2022: This appeal is directed against the order dated 15.01.2020
by which an application filed by the Appellant under Section 7 of the
Insolvency and Bankruptcy Code, 2016 against the Respondent (Corporate
Debtor) was dismissed.
2. The appeal is accompanied with an application bearing I.A. No. 985 of
2020 by which the Applicant/Appellant is seeking condonation of delay of 11
days in filing of the appeal.
3. Counsel for the Appellant has submitted that delay of 11 days has been
caused in filing of the appeal because the impugned order dated 15.01.2020
was uploaded on the official website of the Adjudicating Authority on
30.01.2020 and the Applicant applied for the certified copy of the impugned
order on 05.02.2020 and in this process the delay of 11 days has occurred.
4. We have heard Counsel for the appellant and perused the record.
5. The impugned order was passed on 15.01.2020. It is the case of the
Appellant that a delay of 11 days has accrued after the expiry of 30 days in
filing the appeal for which the Appellant is seeking condonation of delay but
as per Section 61(2) proviso the delay up to a period of 15 days can be
condoned but only on the sufficient cause shown by the Appellant. In the
application, the Appellant has not given any sufficient cause for not filing the
appeal within the period of limitation (30 days) and also for not showing any
sufficient cause for not filing the appeal till the expiry of 11 days.
6. Thus, keeping in view the aforesaid facts no case is made out by the
Appellant for condonation of delay and hence, the application is, therefore,
dismissed. As a consequence of dismissal of the application, the appeal is also
dismissed.
[Justice Rakesh Kumar Jain] Member (Judicial)
[Dr. Alok Srivastava] Member (Technical)
SC/RR
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