Sudh Priya Plastichem Private Limited vs Sv Leathers (India) Private Limited
- CitationCompany Appeal (AT) (Insolvency) No.1290 of 2023
Ratio decidendi
The rule this decision rests on
The appellate jurisdiction of the Tribunal to condone delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the thirty-day limitation period, and the Tribunal has no power to condone a delay exceeding that outer limit. An appeal filed more than fifteen days after expiry of the thirty-day limitation period cannot be entertained, and the time taken in obtaining a certified copy of the impugned order does not extend the period so as to bring the appeal within jurisdiction where the application for the certified copy itself was made after the thirty-day period had expired.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sudh Priya Plastichem Pvt. Ltd. ...Appellant
Versus
SV Leathers (India) Pvt. Ltd. ...Respondent
Present: For Appellants : Mr. Sanjeev Panda, Mr. Sumir Shukla, Mr. Narendra Kumar, Mr. Neeraj Kant Singh and Mr. Mukesh Singh Bhadauria, Advocates. For Respondents :
ORDER
06.10.2023: I.A. No. 4563 of 2023: This is an application praying for
condonation of delay in filing the appeal. Learned counsel for the Appellant
submits that Appellant has applied for certified copy of the impugned order
on 06.07.2023.
2. Order was passed on 05.06.2023 and this Appeal has been filed on
27.07.2023. Prayer has been made for condonation of delay of 22 days.
Appeal having filed more than 15 days after expiry of period of limitation of
30 days, Appellant is not entitled for any relief for exclusion of period during
which certified copy was under preparation since the copy of application for
certified copy was filed after 30 days.
3. Delay in filing the Appeal is more than 15 days after expiry of the period
of limitation. Our jurisdiction to condone the delay is only 15 days under
Cont'd.../ -2-
Section 61(2) proviso, hence, we are unable to condone the delay in filing the
Appeal. 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.1290 of 2023
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