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Sandeep Anand vs Gopal Lal Basser (Resolution ...

National Company Law Appellate Tribunal3 July 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The benefit of excluding intervening holidays in computing time does not extend to the outer limit of 15 days, by which this Tribunal may condone delay under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016; that benefit is available only in respect of the 30-day period of limitation prescribed for filing an appeal.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,NEW DELHICompany Appeal (AT) (Ins) No. 767 of 2023 &I.A. No. 2587 of 2023IN THE MATTER OF:

Sandeep Anand ...Appellant

Vs.

Gopal Lal Baser Resolution Professional Wianxx Impex Pvt. Ltd. ...Respondent

Present:

For Appellant: Mr. Rajat Bhardwaj, Advocate

For Respondent: Mr. Umesh Singhal, Asmita Duggal, CS Akshit Gupta

ORDER

03.07.2023: I.A. No. 2587 - This is an application praying for condonation of

delay. Under Section 61 sub-section (2) proviso, the jurisdiction to condone the

delay conferred to this Tribunal is only 15 days. The ground taken in paragraph

5 of the affidavit is that 7th April was declared as a 'Public Holiday' and 8th and

9th being holiday, the appeal is treated to be filed within 45 days.

2. We are of the view that the benefit as claimed in paragraph 5 is not

available which benefit can be availed only with respect to the period of limitation

provided with regard to period of 30 days.

Company Appeal (AT) (Ins) No. 767 of 2023 & I.A. No. 2587 of 2023

1

3. We, thus, are of the view that the delay in filing the appeal being beyond

15 days, the application praying for condonation of delay has to be dismissed.

Consequently, the memo of appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 767 of 2023 & I.A. No. 2587 of 2023

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