Peyush Aggarwal vs Ashish Singh Resolution Professional
- CitationCompany Appeal (AT) (Insolvency) No. 79 of 2025
Ratio decidendi
The rule this decision rests on
For an appeal under the Insolvency and Bankruptcy Code, the period for which delay may be condoned is fifteen days beyond the thirty-day limitation period, and the time spent awaiting a certified copy of the impugned order is excludable only for the days during which that copy was actually under preparation, not for the whole interval between application for the copy and its delivery to the appellant.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Peyush Aggarwal & Anr. ...Appellants Versus Ashish Singh, RP & Anr. ...Respondents
Present: For Appellants : Ms. Honey Satpal and Ms. Khushboo Kumari, Advocates. For Respondents : Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Palak Kalra, Advocates.
ORDER
(Hybrid Mode)
10.03.2025: I.A. No.320 of 2025: This application has been filed
praying for condonation of 25 days' delay in filing the appeal. The order
impugned was delivered on 07.08.2024 and this appeal has been e-filed on
30.09.2024.
2. Learned counsel for the Appellant submits that Appellant has applied
for certified copy on 28.08.2024 and delivery of certified copy was taken on
06.09.2024, hence, from 28.08.2024 till 06.09.2024 exclusion be granted.
3. The impugned order contains the endorsement pertaining to the
Certified copy which indicate that the copy was applied on 28.08.2024 and
date of preparation of copy was 30.08.2024 and date of delivery was
06.09.2024. Applicant is entitled to get benefit of exclusion of period during
which the certified copy remained under preparation i.e. from 28.08.2024 till
30.08.2024, which come to three days. The impugned order was delivered on
Cont'd.../ 2
07.08.2024 and 30 days' period expired on 06.09.2024 and after giving benefit
of exclusion of 3 days, 15 days' period for which delay can be condoned will
expire on 27.09.2024. Appeal having been filed on 30.09.2024 the appeal has
been filed beyond condonable period. The submission of learned counsel for
the Appellant that benefit of exclusion be granted of period from date certified
copy was applied till date copy was delivered to the Appellant, cannot be
accepted. We, thus, are of the view that the appeal was filed beyond
condonable period. Hence, Delay Condonation Application is dismissed. In
result, Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.79 of 2025
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