The General Manager Eastern Railway And ... vs Palogrix Infraservices Private ...
- CitationCompany Appeal (AT) (Insolvency) No. 1097 of 2022
Ratio decidendi
The rule this decision rests on
The power of the Appellate Tribunal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 to condone delay in filing an appeal extends only to a maximum of 15 days beyond the prescribed period; delay beyond 15 days cannot be condoned in exercise of that power, however sufficient the cause shown.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The General Manager, ...Appellants Eastern Railway & Ors.
Versus
ICICI Bank Ltd. & Anr. ...Respondents
Present:
For Appellant: Mr. Vijay Joshi, Advocate Sr. Panel Counsel (UoI) For Respondent: Mr. Shatadru Chakraborty, Sonia Duve, Kanchan Yadav, Advocates
ORDER
08.09.2022: I.A. No. 3195 of 2022 in Company Appeal (AT) Ins. No. 1097.
This Application has been filed praying for condonation of delay of 44 days in
refiling the Appeal. The ground taken in the Affidavit is that Appellant is based
on Kolkata and are required to sign the Application along with the Documents.
He further submits that removal of defects took sufficient time.
2. Cause shown sufficient, refiling delay of 44 days is condoned. I.A. No.
3195 of 2022 is allowed.
3. I.A. No. 3246 of 2022 in Company Appeal (AT) Ins. No. 1097. This is an
Application praying for condonation of delay of 106 days in filing the Company
Appeal (AT) Ins. No. 1097 of 2022. This Appeal has been filed against the Order
dated 25th November, 2021 passed by the National Company Law Tribunal, -2-
Kolkata Bench and the present Appeal has been filed on 01st July, 2022. The
delay is beyond 15 days. The power of this Tribunal under Section 61(2) of the
Insolvency and Bankruptcy Code, 2016 is only to condone the delay is
maximum 15 days. We thus are unable to accept the grounds in the
Application. Delay beyond 15 days cannot be condoned in exercise of power
under Section 61(2) of the Code. Delay Condonation Application i.e. 3246 of
2022 is dismissed consequently the memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical)
Basant/nn
Company Appeal (AT) (Insolvency) No. 1097/2022
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