Sms Integrated Facility Services Pvt ... vs Venice Maintenance Llp
- CitationCompany Appeal (AT) (Insolvency) No.1341 of 2024
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined to a further period of 15 days beyond the expiry of the limitation period prescribed by the proviso to Section 61(2); where the delay sought to be condoned exceeds that 15-day extension, the Tribunal has no jurisdiction to condone it, however reasonable the grounds advanced, and the appeal must be rejected on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: SMS Integrated Facility Services Pvt. Ltd. ...Appellant
Versus
Venice Maintenance LLP ...Respondent
Present: For Appellant : Mr. Shashwat Anand, Mr. Shashwat Parihar, Mr. Deepanshu Badiwal, Mr. Vipin Yadav, Ms. Gunjan Rathod, Advocates.
For Respondent :
ORDER
(Hybrid Mode)
02.08.2024: I.A. No. 4852 of 2024: This is an application filed by the
Appellant for condonation of 79 days' delay in filing the Appeal. The order
impugned was passed by the Adjudicating Authority on 06.02.2024 and this
appeal has been e-filed on 25.05.2024.
2. Learned counsel for the Appellant submits that it was due to the
erstwhile counsel who informed the Appellant on 10.04.2024 about the order,
hence, delay was caused. He submits that counsel has also filed an affidavit
in support of the delay condonation application.
3. Our jurisdiction to condone delay is limited to only 15 days after expiry
of the limitation under Section 61(2) proviso. Hence, on the reasons given in
the application, we are unable to condone delay of 79 days in filing the appeal.
Cont'd.../ 2
Delay Condonation Application is rejected. In result, Memo of Appeal is also
rejected.
.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1341 of 2024
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