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Premco Rail Engineers Ltd vs Korba West Power Company Ltd. & Anr

National Company Law Appellate Tribunal22 October 2019

Ratio decidendi

The rule this decision rests on

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is not maintainable where it is filed beyond the thirty-day limitation period and beyond the further fifteen-day period within which the Appellate Tribunal may condone delay under Section 61(2); the Tribunal therefore cannot grant relief on such an appeal. A party seeking to intervene in a pending appeal filed by another person against the same order may be permitted to do so, and the dismissal of its own time-barred appeal does not preclude that intervention.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) Nos. 1105 - 1106 of 2019IN THE MATTER OF:

Premco Rail Engineers Ltd. ...Appellant

Versus

Korba West Power Company Ltd. And Another ...Respondents

Present: For Appellant : Mr. Swarendu Chatterje and Ms. Pallavi Pratap, Advocates

ORDER

22.10.2019 The Appellant - 'Premco Rail Engineers (P) Ltd.' has preferred

this appeal against order dated 24th June, 2019 and 5th July, 2019 passed by

the Adjudicating Authority (National Company Law Tribunal), Ahmedabad

Bench, Ahmedabad approving the 'resolution plan'. However, both the appeals

have been filed after long delay of 64 days and 53 days respectively. Under

Section 61(2) of the 'I&B Code', this Appellate Tribunal is empowered to condone

the delay in preferring the appeal not more than 15 days after the period of 30

days in preferring the appeal. For the said reason, no relief can be granted in an

appeal, which is not maintainable.

Learned counsel for the Appellant further submits that against the said

order, the appeal has been preferred by 'Shapoorji Pallonji & Co. Pvt. Ltd.' in

'Company Appeal (AT)(Insolvency) No. 816 of 2019' and the Appellant should be

allowed to intervene in the said appeal.

-2-

We allow such prayer. The appeal is accordingly dismissed with aforesaid

liberty.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] Member (Judicial)

[ Kanthi Narahari ] Member (Technical) /ns/gc

Company Appeal (AT) (Insolvency) Nos. 1105 - 1106 of 2019

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