The State Government Of Nct Of Delhi vs Krishna Chamadia & Ors
- CitationComp. App. (AT) (Ins) No. 1277 of 2022
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016 to condone delay in filing an appeal is limited to a further period of fifteen days beyond the prescribed limitation; it cannot be extended beyond that period. Where the limitation period for filing an appeal under Section 61 expired before 15 March 2020, the extension of limitation ordered by the Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020 does not apply, and an appeal filed beyond the fifteen-day extended period is barred and must be rejected together with the application for condonation of delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
The State, Government of NCT of Delhi Through ....Appellant Commissioner Department of Trade & Taxes Vs.
Krishna Chamadia, Resolution Professional of Ricoh ...Respondents India Ltd. & Ors. For Appellant: Mr. M.L. Garg, Advocate. For Respondents: Ms. Pooja Mahajan, Ms. Arveena Sharma, Ms. Mehak Nayak, Advocates for R1 Mr. Prateek Kumar, Ms. Raveena Rai, Mr. Rohit Ghosh, Advocates for R2&3
ORDER
01.11.2022: I.A. Nos. 3934 & 3894 of 2022:- By I.A No. 3894 of 2022,
Appellant has prayed for condonation of 734 days delay in re-filing and by
another Application I.A. No. 3934 of 2022, delay of 138 days sought to be
condoned.
2. This Appeal has been filed against the order dated 28.11.2019 passed
by the Adjudicating Authority. The Appeal was e-filed on 16.09.2020. The
hardcopy came to be filed only on 29.09.2022. There is both delay in re-filing
as well as in filing of the Appeal. Coming to the delay in filing of the Appeal,
the order was passed on 28.11.2019 and Appeal was filed on 16.09.2020.
There is a delay, according to the Appellant, of 138 days. Limitation for filing
the Appeal expired on 28.12.2019. The Appeal having been filed on
16.09.2020, there is a delay of more than nine months in filing the Appeal. 2
3. Our power to condone the delay is limited to 15 days by virtue of Section
61 sub-section (2) proviso. The Appellant is not entitled for the benefit of order
of the Hon'ble Supreme Court in Suo Moto Writ Petition No. 03 of 2020 since
before the date i.e. 15th March, 2020 the limitation has already expired. The
Appeal having been filed with uncondonable delay, the Application for
condonation of delay is rejected. Consequently, the memo of appeal is rejected.
Application for condonation of re-filing delay also stands rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Anjali/nn
Comp. App. (AT) (Ins) No. 1277 of 2022 & I.A. No. 3934, 3894 of 2022
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