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Rishi Kumar vs Ms. Gurkamal Hora Arora

National Company Law Appellate Tribunal25 May 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal under the Insolvency and Bankruptcy Code has no power to condone delay in filing an appeal beyond the fifteen-day extension permitted by the proviso to Section 61(2); where an appeal is filed beyond that period, it must be rejected. Non-uploading of a certified copy on the website, or an applicant's failure to obtain it within the limitation period, does not extend the limitation period, which runs from the date of the impugned order.

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. 665 of 2023&I.A. No. 2211 of 2023

IN THE MATTER OF: Rishi Kumar ...Appellant

Versus

Shubhkamna Buildtech Pvt. Ltd. ...Respondent Present: For Appellant : -

For Respondents : Mr. Abhishek Anand, Mr. Nipun Gautam, Ms. Bindu das, Mr. Karan Kohli, Advocates. Mr. Nalin Dhingra, Advocate for R-2

ORDER

25.05.2023: I.A. No. 2211 of 2023

This is an application praying for condonation of 76 days' delay in filing

the Appeal. The order was passed on 15.12.2022 and the present appeal has

been filed on 17.04.2023. The Appellant applied for certified copy on

15.02.2023 which was ready on 10.03.2023. Learned Counsel for the Appellant

submits that the Appellant was checking on the website and the order was not

uploaded. It is submitted that even on the day when the certified copy was

applied, it was not uploaded.

Be that as it may, the order is dated 15.12.2022 and the limitation starts

running from that date. Submission of the Appellant that copy of the order was

not uploaded and hence they could not apply cannot be accepted. The issue is

Company Appeal (AT)(Insolvency) No. 665 of 2023 Page 1 of 2 fully covered by the Judgment of Hon'ble Supreme Court in the matter of V.

Nagarajan Vs. SKS Ispat and Power Ltd. & Ors. - (2022) 2 SCC 244.

Our jurisdiction to condone delay is limited to 15 days as per Section 61

(2) proviso. We thus cannot condone the delay of 76 days as prayed for.

Delay condonation Application is rejected. Consequently, the Memo of

Appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical) akc/nn

Company Appeal (AT)(Insolvency) No. 665 of 2023 Page 2 of 2

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