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Sand Dune Constructions Private ... vs Sdc Green Park Residential Welfare ...

National Company Law Appellate Tribunal17 July 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Limitation for an appeal under the Insolvency and Bankruptcy Code runs from the date the impugned order is passed, not from the date the appellant receives a copy of it, and time taken to obtain the certified copy is not excluded where the copy was applied for after the statutory period had already begun to run. The Appellate Tribunal's power to condone delay in filing an appeal is confined by the proviso to Section 61(2) to a maximum of fifteen days beyond the prescribed period, so a delay exceeding that period cannot be condoned and the memorandum of 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 DELHICompany Appeal (AT) (Ins) No. 1029 of 2025 &I.A. No. 4042 of 2025

IN THE MATTER OF: Sand Dune Constructions Pvt. Ltd. ...Appellants Versus SDC Green Park Residential Welfare Society ...Respondents

Present: For Appellant : Advocate appeared but presence not marked. For Respondents : Mr. Garvit Khandelwal, Advocate.

ORDER

(Hybrid Mode)

17.07.2025: I.A. No. 4042 of 2025

This is an application praying for condonation of 37 days' delay in filing

the appeal. Order impugned was passed on 15.04.2025 and this appeal has

been e-filed on 27.06.2025. Ld. Counsel for the appellant submits that

appellant was served the copy of the order only on 27.05.2025 hence the

limitation should commenced from 27.05.2025 and it is within time from the

said date. The certified copy which has been filed indicate that appellant has

applied for certified copy on 22.05.2025 which according to appellant was

received on 27.05.2025. Certified copy has been applied after 30 days from

the order, no benefit can be claimed for any exclusion during the period

certified copy was under preparation. It is well settled that limitation for filing

an appeal begins from the date when order was passed and it is not

dependent on the date when the appellant received copy of the order. The

prayer is made to condone 37 days' delay. Our jurisdiction to condone the delay is limited to 15 days as per Section 61 Sub-Section 2 proviso, the delay

being beyond condonable period cannot be condoned. The delay condonation

application is rejected consequently Memo of appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/NN

2 of 2 CA (AT) (Ins) No. 1029 of 2025 & I.A. No. 4042 of 2025

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