Technofab Engineering Service vs Lsr Resolution (P) Limited I.E. ...
- CitationCompany Appeal (AT) (Insolvency) No. 322 of 2023
Ratio decidendi
The rule this decision rests on
The Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is confined by the proviso to Section 61(2) to a maximum of 15 days beyond the prescribed period; where the delay exceeds 15 days, the Appellate Tribunal has no power to condone it and the delay condonation application must be dismissed, with the consequent rejection of the memorandum of appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
-1-
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Insolvency) No. 322 of 2023 & I.A. No. 1033, 1095 of 2023 IN THE MATTER OF: Vipul Shah ...Appellant
Versus Partha Pratim Ghosh, ...Respondents RP for M/s. Kilburn Chemical Ltd. & Anr.
Present: For Appellant: For Respondents: Advocate Arveena Sharma, Advocate Mehak Nayak, for SRA With Company Appeal (AT) (Insolvency) No. 323 of 2023 & I.A. No. 1097, 1037 of 2023 IN THE MATTER OF: Technofab Engineering Services ...Appellant
Versus
LSR Resolution (P) Ltd. ...Respondents RP for M/s. Kilburn Chemical Ltd. & Anr.
Present: For Appellant: For Respondents: Advocate Arveena Sharma, Advocate Mehak Nayak, for SRA
With Company Appeal (AT) (Insolvency) No. 324 of 2023 & I.A. No. 1099 of 2023 IN THE MATTER OF: Piyush Electromac Pvt. Ltd. ...Appellant
Versus
Company Appeal (AT) (Insolvency) No. 322, 323, 324, 342, 359 of 2023 -2-
Sanjai Kumar Gupta, ...Respondents RP for M/s. Kilburn Chemical Ltd. & Anr.
Present: For Appellant: For Respondents: Advocate Arveena Sharma, Advocate Mehak Nayak, for SRA With Company Appeal (AT) (Insolvency) No. 342 of 2023 & I.A. No. 1151, 1125 of 2023 IN THE MATTER OF: Naranbhai J Vala ...Appellant Versus
Sanjai Kumar Gupta, ...Respondents RP for M/s. Kilburn Chemical Ltd. & Anr.
Present: For Appellant: For Respondents: Advocate Arveena Sharma, Advocate Mehak Nayak, for SRA With Company Appeal (AT) (Insolvency) No. 359 of 2023 & I.A. No. 1210 of 2023 IN THE MATTER OF: Mahapre (India) ...Appellant
Versus
Sanjai Kumar Gupta, ...Respondents RP for M/s. Kilburn Chemical Ltd. & Anr.
Present: For Appellant: For Respondent: Advocate Arveena Sharma, Advocate Mehak Nayak, for SRA ORDER
27.04.2023: These are delay condonation applications filed in Company
Appeals praying for condonation of 303 days' delay in Appeal No. 322 of 2023,
303 days' delay in Appeal No. 323 of 2023, 333 days' delay in Appeal No. 324
Company Appeal (AT) (Insolvency) No. 322, 323, 324, 342, 359 of 2023 -3-
of 2023, 303 days' delay in Appeal No. 342 of 2023 and 303 days' delay in
Appeal No. 359 of 2023. Learned Counsel for the Appellants states that the
delay in Appeal No. 322 of 2023 is 202 days.
These appeals are against the common order dated 16.12.2021. Appeals
in these appeals were e-filed on 15.09.2022 and the physical copies were filed
on 14.11.2022. The reason for the delay, as stated in the Affidavit, is that the
Applicants were not served with the copy of the order and they came to know
subsequently and contacted the local Advocate, who informed that they should
challenge the order before the High Court of Gujarat and thereafter, they again
consulted and they were informed that the appeals have to be filed.
In any view of the matter, the delay in filing the appeals is beyond 15
days. Our jurisdiction to condone delay is only 15 days as per Section 61(2)
IBC proviso. As the delay in filing the appeals is beyond 15 days, we are unable
to condone the delay. Delay condonation applications, in these appeals, where
the delay is more than 15 days, is dismissed.
Consequently, the Memos of Appeal are rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
akc/nn
Company Appeal (AT) (Insolvency) No. 322, 323, 324, 342, 359 of 2023
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