Om Drishan International Ltd vs Akash Singhal
- CitationCompany Appeal (AT) (Insolvency) No. 1195 of 2023
Ratio decidendi
The rule this decision rests on
Where a party seeks to appeal under the Insolvency and Bankruptcy Code, the limitation period runs from the date of the impugned order, and the time taken to obtain a certified copy is excluded only if the certified copy was applied for within that period; where no certified copy was applied for within 30 days of the order, the appellant is not entitled to exclusion of the time taken to prepare it, and the Tribunal's power to condone delay under the proviso to Section 61(2) is limited to 15 days, so delay beyond that cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Om Drishan International Ltd. ....Appellant Vs. Akash Singhal ...Respondent For Appellant Mr. Karan Valecha, Ms. Aditi Sharma, Advocates. For Respondent Mr. Ashish Makhija, Mr. Deep Bisht, Advocates for RP
ORDER
26.09.2023: I.A No.4205 of 2023:- This is an Application praying for 52
days' delay in filing the Appeal. The order impugned is passed on 06.06.2023
and this Appeal has been e-filed on 26.08.2023 i.e. after expiry of the
limitation.
2. Learned Counsel for the Appellant submits that the order was not
uploaded, hence, delay has been caused. It is submitted that the order was
uploaded only on 05.07.2023.
3. It is not the case of the Appellant that Appellant has applied the certified
copy of the order within 30 days from passing of the order. Certified copy which
has been applied by the Appellant is on 24.08.2023 i.e. after expiry of 30 days
from the order, hence, the Appellant is not entitled for any benefit of the time
during which certified copy was prepared. As our jurisdiction to condone delay 2
is limited to 15 days as per Section 61(2) proviso, we are unable to condone
the delay of 52 days.
4. Delay condonation application is dismissed. Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Anjali/nn
Company Appeal (AT) (Insolvency) No. 1195 of 2023 & I.A. No. 4205 of 2023
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