Sudha Navandar vs Respondents
- CitationCompany Appeal (AT) (Insolvency) No. 1631 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal's power to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited by the proviso to Section 61(2) to a maximum of fifteen days beyond the prescribed limitation period; where the delay exceeds this period, the Tribunal has no jurisdiction to condone it, and the delay condonation application must be rejected, with the appeal consequently rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Sudha Navandar ...Appellant
Versus
---- ...Respondents
Present: For Appellant : Ms. Anjali Sharma, Mr. Mandeep Singh Vinaik, Mr. S. K. Sagar, Mr. Devarajan Raman, Advocates. For Respondents :
ORDER
(Hybrid Mode)
10.12.2024: I.A. No. 5951 of 2024: This is an application praying for
condonation of delay in filing the appeal. Learned counsel for the Appellant
submits that there is delay of 18 days in filing and appeal but after giving
benefit of period of certified copy, the delay can be condoned.
2. The order impugned was passed on 11.06.2024 and the present appeal
has been e-filed on 29.07.2024. The period of limitation of 30 days expired
on 11.07.2024. Thus, there is delay of 18 days in filing the appeal. The
certified copy was given that was free of cost copy, which was applied on
17.06.2024 and received on 19.06.2024. Therefore, benefit of two days during
which certified copy was under preparation can be given. Even if, two days
are excluded, delay in filing the appeal is 16 days beyond the expiry of
limitation period.
Cont'd.../ 2
3. Our jurisdiction to condone delay is limited to only 15 days as per
Section 61(2) proviso. Delay in filing the appeal is beyond condonable period.
Hence, the 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. 1631 of 2024
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