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Shubro Roy Choudhary & Ors vs Ajit Gyanchand Jain (Erstwhile ...

National Company Law Appellate Tribunal6 November 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal's jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is limited by the proviso to Section 61(2) to a further period of 15 days; where the delay exceeds that period, the Tribunal has no power to condone it, however sufficient the cause shown, and the 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) (Insolvency) No.1315 of 2023& I.A. No.4649 of 2023IN THE MATTER OF:

Shubro Roy Choudhary & Ors. ...Appellants

Versus

Ajit Gyanchand Jain Erstwhile Resolution Professional Sare Gurugram Pvt. Ltd. & Ors. ...Respondents

Present: For Appellants: Mr. Piyush Singh, Mr. Vivek Kumar, Ms. Sumitra Choudhary, Ms. Renu Bajpai, Mr. M. K. Raghav Raman and Ms. Nitya Sharma, Advocates. For Respondents: Mr. Ajay Bhargava, Ms. Wamika Trehan, Ms. Raddhika Khanna Tandon and Mr. Siddhant Kumar, Advocates for SRA.

ORDER

06.11.2023: I.A. No.4649 of 2023: This is an application praying for

condonation of 103 days delay in filing the Appeal. The order impugned was

passed on 24.04.2023 and this Appeal has been e-filed on 04.09.2023.

2. Learned counsel for the Appellant submits that the Appellant was not

aware of the order and he came to know only on 11.08.2023. Learned counsel

for the Respondent submits that similar delay condonation applications were

filed against the same Respondent which applications were for condonation of

similar delay and by judgment dated 06.10.2023 those applications were

rejected. He has referred to order in Company Appeal (AT) (Ins.) No.889 of

2023 in I.A. No.3008 of 2023 in the matter of Rakesh Arora & Anr. vs. Sare

Gurugram Pvt. Ltd. & Ors. decided on 06.10.2023.

Cont'd.../ -2-

3. The delay in filing the Appeal is 103 days. Our jurisdiction to condone

delay is limited to 15 days under Section 61(2) proviso. We, thus, are unable

to condone such inordinate delay of 103 days in filing the appeal. Delay

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

Impleadment Applications are also closed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1315 of 2023

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