Paschimanchal Vidyut Vitran Nigam ... vs Trimurti Concast Pvt. Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 311 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is limited by the proviso to Section 61(2) to a further period of 15 days, and where an appeal is filed beyond the period of limitation plus that 15-day extension, the Tribunal has no jurisdiction to condone the delay on the ground of sufficient cause, so that the delay application must be dismissed and the memorandum of appeal rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT) (Insolvency) No. 311 of 2024 & I.A. No. 784, 1039 of 2024
IN THE MATTER OF:
Paschimanchal Vidyut Vitran Nigam Ltd. ...Appellant(s)
Versus
Trimurti Concast Pvt. Ltd. ...Respondent(s)
Present: For Appellant : Mr. Vivek Narayan Sharma, Advocate For Respondents : Mr. Ajay Singh, Advocate and PCMA Mukesh Singh Bhadauria, For SRA
ORDER
(Hybrid Mode)
22.02.2024: I.A. No. 1039 of 2024. This is an application praying for
condonation of 67 days delay in filing the Appeal.
2. The Order impugned was passed on 23.02.2023, which was
pronounced on 23.02.2023 in presence of learned counsel for the parties. This
appeal has been e-filed on 06th June, 2023.
3. Our jurisdiction to condone the delay is limited to 15 days only on
sufficient cause as per Section 61(2) proviso. Ground taken in the affidavit is
that after the order dated 23.02.2023, time was taken in corresponding with
the legal officer and junior advocates hence the delay was caused.
4. We are of the view that delay in filing the Appeal is beyond the
condonable period as our jurisdiction to condone the delay is limited to 15 2
days only as above and can't be condoned. The Delay Condonation Application
is dismissed. Consequently, memo of appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Justice Yogesh Khanna] Member (Judicial)
[Barun Mitra] Member (Technical) Basant/nn
Company Appeal (AT) (Insolvency) No.311/2024
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