The Deputy Commissoner vs Mr. Fanendra Harakchand Munot ...
- CitationComp. App. (AT) (Ins) No. 1349 of 2023
Ratio decidendi
The rule this decision rests on
Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, an appeal must be filed within 30 days of the impugned order, with a further discretionary period of up to 15 days on sufficient cause being shown; the Appellate Tribunal has no jurisdiction to condone any delay beyond that outer limit of 45 days, and an application seeking condonation of delay beyond 45 days is not maintainable. Where the appeal is filed after the expiry of 45 days and the application for condonation of delay is dismissed as not maintainable, the appeal is not duly constituted and must consequently be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: The Deputy Commissioner ...Appellant
Versus
Fanendra Harakchand Munot ...Respondent
Present: For Appellant : Ms. Simran Kumari & Ms. Anushree Narain (Standing counsel), Advocates.
For Respondent : Mr. Rajat Sinha, for R-1.
ORDER
[Per : Justice Rakesh Kumar Jain (Oral) ]
29.11.2023 This order shall dispose of IA No. 4786 of 2023 which has
been filed for seeking condonation of delay of 38 days in filing of the present
Appeal.
2. Counsel for the Appellant submits that the Impugned Order was passed
on 23.12.2022, however, they got this information on 04.01.2023. It is
submitted that the appeal was e-filed on 28.02.2023 and in this process the
delay of 38 days has occurred. Section 61 of the Insolvency & Bankruptcy
Code, 2016 ('Code') gives a right of appeal to an aggrieved person. Section 61
(2) prescribes a period of 30 days for filing an appeal. Section 61 (2) proviso
further provides a period of 15 days in case appeal is not filed within a
prescribed period of 30 days. However, period beyond 15 days cannot be
extended in any manner and the Tribunal does not have jurisdiction to consider such an application for condonation of delay which is filed beyond
the period of 15 days. In this regard, reference may be had to the decision of
the Hon'ble Supreme Court in case of National Spot Exchange Limited Vs.
Anil Kohli, Civil Appeal No. 6187 of 2019. Since, the delay caused in this case,
as admitted in the application is of 38 days, therefore, it is beyond the
jurisdiction of this Court to consider the application and condone the delay.
3. In view thereof, the application is hereby dismissed as not
maintainable.
Comp. App. (AT) (Ins) No. 1349 of 2023
Since, we have dismissed the application for condonation of delay as
not maintainable because it has been filed even after the expiry of 45 days,
the present appeal is not found to be duly constituted. Thus, the appeal is
dismissed. No Costs.
[Justice Rakesh Kumar Jain] Member (Judicial)
[Mr. Barun Mitra] Member (Technical) Sim/RR
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