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Shrilekha Trading Pvt Ltd vs Rajan Rawat And Anr

National Company Law Appellate Tribunal12 December 2022

Ratio decidendi

The rule this decision rests on

The limitation period for an appeal to the National Company Law Appellate Tribunal under the Insolvency and Bankruptcy Code is 30 days under Section 61(2) of the Code, and that period governs an appeal against an order of liquidation passed by the NCLT, notwithstanding that the appeal is framed as one under Section 61(4). Where an appeal to the Tribunal is filed beyond the 30-day limitation period and beyond the condonable delay period, the Tribunal cannot entertain it, and the application for condonation of delay is liable to be dismissed with the memorandum of appeal 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) (Insolvency) No.1292 of 2022& I.A. No. 3982 of 2022IN THE MATTER OF:

Shrilekha Trading Pvt. Ltd. ...Appellant

Versus

Rajan Rawat & Anr. ...Respondents

Present: For Appellant: Mr. Samaksh Goyal, Advocate. For Respondents: Mr. Eshna Kumar and Mr. Aditya Maheshwari, Advocates.

ORDER

12.12.2022: I.A. No. 3982 of 2022: This Appeal has been filed against

order dated 02.05.2022. The Appeal was filed in this Tribunal on 01.09.2022.

There being delay in filing this Appeal Respondent has raised objection that

the Appeal is beyond time and need not to be entertained.

2. Learned counsel for the appellant submits that since the Appeal was

filed with regard to Section 61(4) against the order of liquidation, the limitation

under Section 61(2) is not attracted.

3. We are of the view that limitation for filing all the Appeals in this

Tribunal is 30 days as provided under Section 61(2) of the Code, which shall

equally govern the order of liquidation passed by the NCLT. The Appeal having

Cont'd.../ -2-

been filed much beyond 30 days and beyond the condonable delay period, we

are unable to entertain this Appeal being barred by time. Delay Condonation

Application is dismissed. In result, Memo of Appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1292 of 2022

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