Sand Dune Constructions Private ... vs Sdc Green Park Residential Welfare ...
- CitationCompany Appeal (AT) (Ins) No. 1029 of 2025
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
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
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free