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Saguna Chaturvedi And Anr vs Spaze Towers Private Limited

National Company Law Appellate Tribunal9 February 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined by the proviso to Section 61(2) to a period of fifteen days beyond the prescribed limitation period; where the delay exceeds that period, the Tribunal has no jurisdiction to condone it, and the appeal must be rejected.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Insolvency) No. 202 of 2024 & I.A. No. 476, 698 of 2024

IN THE MATTER OF:

Saguna Chaturvedi & Anr. ...Appellant(s)

Versus

Spaze Towers Pvt. Ltd. ...Respondent(s)

Present: For Appellant : Advocate Aparajita Singh, Advocate Nistha Gupta For Respondents : Advocate Sumesh Dhawan, Advocate Vatsala Kak, Advocate Shaurya Shyam, Advocate Kholi R.

ORDER

(Hybrid Mode)

09.02.2024: I.A. No. 698 of 2024. This is an application praying for

condonation of 72 days delay in filing the Appeal.

2. The Order was passed on 07th August, 2023 and this Appeal has been

e-filed on 16th November, 2023.

3. Learned Counsel for the Appellant submits that Appellants were senior

citizens and due to their ill-health they could not file the Appeal since

important documents were to be searched.

4. Our jurisdiction to condone the delay is limited to 15 days only as per

Section 61(2) proviso. The delay being 72 days, which is beyond condonable

Cont...

2 period of 15 days, we are unable to condone the delay. Delay Condonation

Application is dismissed. Consequently, Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.202/2024

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