Real Soya Enterprises vs Sahs Lifesciences Pvt. Ltd & Ors
- CitationCompany Appeal (AT) (Insolvency) No. 1126 of 2023
Ratio decidendi
The rule this decision rests on
Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the period of limitation for appealing against an order of the Adjudicating Authority runs from the date on which the order is pronounced, and not from the date on which the appellant receives information of the order from another source such as the Resolution Professional. Where an appeal is filed beyond the limitation period, the Appellate Tribunal's power to condone delay is confined to a further period of fifteen days under the proviso to Section 61(2); delay exceeding that period cannot be condoned, and the appeal is liable to be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Real Soya Enterprises ...Appellant
Versus
Sahs Lifesciences Pvt. Ltd. & Ors. ...Respondents
Present: For Appellant: For Respondents: Mr. Vinod Chaurasia and Mr. Yogesh Gupta, Advocates for R-2.
ORDER
05.10.2023: I.A. No. 3927 of 2023: This is an application praying for
condonation of delay in filing the Appeal. The order of the Adjudicating
Authority was passed on 24.05.2023 against which appeal has been e-filed on
11.08.2023.
2. Learned counsel for the Appellant submits that the Appellant came to
know about the order when he received information from the Resolution
Professional, hence, the limitation shall start from the date when he received
information from the Resolution Professional.
3. We are of the view that the said submission cannot be accepted. It is
well settled by judgment of the Hon'ble Supreme Court in "V. Nagarajan vs.
SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244" limitation for
filing the appeal begin from the date order is delivered.
Cont'd.../ -2-
4. The Appellant was Operational Creditor and was party to the
proceeding. We, thus, are of the view that limitation for filing the appeal shall
not begin from the date when Appellant received information of the order
rather the limitation for filing appeal shall start from the date when order is
passed.
5. The delay in filing the Appeal is more than 15 days after expiry of the
limitation. Our jurisdiction to condone delay is limited to only 15 days under
Section 61(2) proviso. We, thus, are unable to condone the delay as prayed in
the application. Delay Condonation Application is dismissed. In result, Memo
of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1126 of 2023
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