Shruthi Hr Solutions Private Limited vs Infrastructure Leasing &Financial ...
- CitationCompany Appeal (AT) No. 110 of 2023
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is confined to a further period of 15 days beyond the statutory limit, and it has no jurisdiction to condone a delay exceeding that outer limit; an appeal filed more than two years after the approval of a resolution plan, and therefore far beyond the permissible condonable period, cannot be entertained and the memorandum of appeal is to be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Shruthi HR Solutions Pvt. Ltd. ....Appellant
Vs.
IL & FS Ltd. & Ors. ....Respondents
Company Appeal (AT) No. 123 of 2023 & I.A. No. 3162 of 2023
IN THE MATTER OF: Libra Detective and Securities Services ....Appellant
Vs.
Infrastructure and Leasing Finance Services Ltd. & Ors. ....Respondents
Company Appeal (AT) No. 126 of 2023 & I.A. No. 3210, 3142 of 2023
IN THE MATTER OF: J.K. Securities ....Appellant
Vs.
Infrastructure and Leasing Finance Services Ltd. & Ors. ....Respondents
Company Appeal (AT) No. 133 of 2023 & I.A. No. 3339, 3270 of 2023
IN THE MATTER OF: R.C. Business Solutions ....Appellant
Vs.
Infrastructure and Leasing Finance Services Ltd. & Ors. ....Respondents
Cont'd.../ -2-
Present: For Appellant: Ms. Pallavi Parmar, Advocate For Respondents: Mr. Raunak Dhillon, Ms. Isha Malik, Mr. Nihaad Dewan, Mr. Vikash Jha Kumar, Advocates
ORDER
21.08.2023: These four appeals have been filed challenging the same
order dated 02.02.2021 passed by Adjudicating Authority (National Company
Law Tribunal, Mumbai Bench, Court-I) in CP No. 3638/MB/2018. The
Adjudicating Authority by the impugned order has approved the resolution
plan. All these four appeals have been filed in the year 2023. Company Appeal
(AT) No. 110 of 2023 has been e-filed on 18.03.2023, Company Appeal (AT) No.
123 of 2023 has been e-filed on 25.05.2023, Company Appeal (AT) No. 126 of
2023 has been e-filed on 23.03.2023 & Company Appeal (AT) No. 133 of 2023
has been e-filed on 23.03.2023. All the appeals have been filed more than two
years after the approval of the resolution plan. The appellant claim to be
Operational Creditor/Workman.
Our jurisdiction to condone the delay is limited to 15 days only under
Section 61 sub Section 2 proviso. We are unable to condone the inordinate
delay in filing these appeals. Delay condonation applications are dismissed.
Memo of appeals are rejected.
[Justice Ashok Bhushan] Chairperson
[Dr. Alok Srivastava] Member (Technical) sa/nn
Company Appeal (AT) Nos. 110, 123, 126 & 133 of 2023
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