Shubro Roy Choudhary & Ors vs Ajit Gyanchand Jain (Erstwhile ...
- CitationCompany Appeal (AT) (Insolvency) No.1315 of 2023
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
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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