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Rakesh Kumar vs Mr. Sumit Shukla Erstwhile Resolution ...

National Company Law Appellate Tribunal17 January 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal's power to condone delay in filing an appeal against an order of the Adjudicating Authority is confined to a further period of 15 days beyond the statutory limitation period; where the appeal is filed beyond that 15-day extension, the Tribunal has no jurisdiction to condone the delay, and the appeal must be rejected, irrespective of the reasons offered for the delay.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.64 of 2024& I.A. No. 204 of 2024IN THE MATTER OF:

Rakesh Kumar ...Appellant

Versus

Sumit Shukla Erstwhile Resolution Professional of Oliver Engineering Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Rahul Gupta, Advocate.

For Respondents: Mr. Sumant Batra, Mr. Sarthak Bhandari and Ms. Nidhi Yadav, Advocates for RA. Ms. Maneesh Kumar, Advocate for R-1. Mr. Sumit Shukla Erstwhile RP in person.

ORDER

(Hybrid Mode)

17.01.2024: I.A. No. 204 of 2024: This is an application praying for

condonation of delay of 31 days in filing the Appeal. The order was passed on

12.09.2023 and this appeal has been e-filed on 01.12.2023.

2. Learned counsel for the Appellant submits that the clients are stationed

at Punjab and they came to know about the order on 26.09.2023 and

thereafter they sought legal opinion and Appeal was prepared thereafter.

3. For argument sake, even if we take date 26.09.2023 as starting point of

limitation, the appeal filed is till beyond 15 days after expiry of limitation. We

thus are of the view that our jurisdiction to condone delay is limited to only 15

Cont'd.../ -2-

days under Section 61(2) proviso, hence, the prayer in the application for

condoning 31 days' delay cannot be accepted. Delay Condonation Application

is dismissed. Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.64 of 2024

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